A.R.S. tit. 15 ch. 4 — Arizona Revised Statutes Title 15 Chapter 4 — School Elections

15-401. Qualifications of school electors; school district registers; challenge; tally lists A. A person who is a qualified elector of this state under section 16-121 in the boundaries of the school district twenty-nine days immediately preceding the election is qualified to vote at an election of the school district in the precinct in which he is registered. For the purposes of this title, the term "qualified school elector", "qualified elector", "school elector" or "elector" shall have the qualifications prescribed in this subsection. B. All school elections shall be conducted by use of school district precinct registers and in the manner as provided in sections 16-579, 16-580 and 16-584. A person offering to vote may be challenged, and the election officers shall thereupon have the powers and duties of general election officers. C. The forms for the tally list shall be furnished by the county board of supervisors, and the tally lists must be completed and returned to the county school superintendent and shall be kept by him for not less than five years. 15-402. Voting by early ballot A qualified elector of a school district, who meets the requirements may vote by early ballot. 15-403. Elections; notice; bond election procedure; qualifications of voters; closing of registrations; election precincts; polling places A. The county school superintendent shall cause notices of a special election except a bond election to be posted at least ninety days previous to the date of the election. The notices shall be posted in at least three public places in the school district. One notice shall be posted at the school if there is one. Bond election notices and procedures shall comply with the requirements of title 35, chapter 3, article 3. B. The notices shall specify the day and the polling places of the election and the time the polls will be open. A special election or a bond election may be held only on a date prescribed by section 16-204. C. If the county school superintendent fails to give notice as provided in subsections A and B of this section, any two qualified electors who reside within the district may give similar notice of the election at least seventy-five days prior to the election. D. A person is not entitled to vote at a special election or an election held at a time and place other than a general election in a school district who has not been a qualified elector in a precinct in the boundaries of the school district for twenty-nine days preceding the election, who is not qualified to register to vote as provided in section 16-101 and who has not registered to vote prior to midnight of the twenty-ninth day preceding the date of the election. E. The governing board of a school district shall establish school district election precincts that have the same boundaries as the county election precincts as provided in section 16-411 and designate one polling place within each precinct, except that the governing board of a union high school district may divide a county election precinct along the boundaries of common school districts within the boundaries of the union high school district and establish polling places within each common school district. In those cases where a school district boundary bisects a county election precinct, that portion of the election precinct that is within the school district shall be the school district election precinct. The governing board may consolidate school district election precincts if it deems it necessary for each election and designate one polling place for the election precincts that it consolidates. If school district election precincts are consolidated, a school district precinct register shall be prepared for the consolidated precinct. Upon a specific finding of the board, included in the order or resolution designating polling places pursuant to this subsection, that no suitable polling place is available within a precinct of the school district, a polling place for such precinct may be designated within an adjacent precinct. The adjacent precinct need not be within the school district. Any such polling places shall be listed in a separate section of the order or resolution. F. All elections that are called either by the county school superintendent or the governing board of a school district and that are held at a time other than the general election shall be conducted by the use of school district precinct registers. 15-404. Election officers; compensation A. In school district elections held at a time and place other than general elections, at least twenty days before the school district election the county school superintendent or other authority conducting the election shall appoint for each election precinct or combination of precincts not fewer than one inspector and two judges as election officers and may appoint additional clerks and marshals necessary to properly conduct the election. B. For the purpose of this section, an employee of a school district shall not serve as an election officer for the school district. If those appointed are not present at the opening of the polls, the electors present may select them. In all school district elections each election officer shall receive the same compensation as other election officers of a general election. 15-405. Opening and closing of polls At all school elections the polls shall be open during the same hours as are applicable to general elections. The inspector and two judges shall determine when the hour for opening and closing the polls has arrived. A voter within the polling place at the closing of the polls shall be allowed to vote. 15-406. Cost of elections A. The cost of all special elections provided in this title, including the preparation of ballots, shall be charged against the funds of the school district or districts involved. B. The county school superintendent shall contract with the board of supervisors for holding regular school district elections. The contracted cost of such school elections shall be a charge against the county school superintendent who shall prorate such costs to the districts. 15-407. School district ballot option The governing body of a school district may choose to use either electromechanical or electronic vote recording and ballot counting equipment, or paper ballots for any special election held pursuant to this chapter. 15-421. Governing boards; members; qualifications; prohibitions; candidate statements; definitions A. The governing body of a school district shall be a governing board. There shall be three governing board members, except as otherwise provided by this section and section 15-425, subsection A. B. The governing body of a high school district shall be a governing board composed of: 1. In a single district, the governing board members of the common school district. 2. In a union high school district, five members. C. A person is eligible for election to the office of governing board member if all of the following apply: 1. The person is a registered voter of this state. 2. The person has been a resident of the school district for at least one year immediately preceding the day of election. 3. The person is not subject to registration as a sex offender in this state or in any other jurisdiction. D. An employee of a school district, including a person who directly provides certified or classified services to the school district as an employee of a third-party contractor, or the spouse of such an employee may not hold membership on the governing board of a school district by which the employee is employed. E. Notwithstanding subsection D of this section and title 38, chapter 3, article 8, a small school district may employ, including employment through a third-party contractor that provides services to the small school district, a substitute teacher who is related to a member of the governing board as immediate family and who has had the same household of residence within the preceding four years. If a small school district employs a substitute teacher pursuant to this subsection, the member of the governing board who is related to the substitute teacher shall be recused from voting on any matter relating to substitute teachers. F. A school district may employ, including employment through a third-party contractor that provides services to the school district, a person who served as a member of the school district's governing board during the preceding two years only in a position in which the person will provide services directly to students, including as a certificated teacher, a substitute teacher and an employee or contractor who provides transportation, instructional support or student support services. A school district may increase the time period prescribed in this subsection to be more than two years. G. A member of one governing board is ineligible to be a candidate for nomination or election to or serve simultaneously as a member of any other governing board, except that a member of a governing board may be a candidate for nomination or election for any other governing board if the member is serving in the last year of a term of office. A member of a governing board shall resign the member's seat on the governing board before becoming a candidate for nomination or election to the governing board of any other school district, unless the member of the governing board is serving in the last year of a term of office. H. Notwithstanding section 15-511, each county school superintendent shall publish on the superintendent's website the statement of each certified candidate for membership on a school district governing board located in the county. The county school superintendent shall list each school district on the superintendent's website from which a link shall be established to the candidate's name, which shall link to the candidate's statement and photograph. The candidate shall submit the statement to the person at the county school superintendent's office assigned to manage candidate statements, after notice of certification from the county school superintendent's office but not later than twenty-one days before the date that general election early ballots are allowed to be mailed. The person shall post each candidate's statement on the county school superintendent's website not later than fourteen days before the date that general election early ballots are allowed to be mailed. If a candidate does not submit a statement, the county school superintendent's website shall state "no response submitted" for the candidate. The candidate statements shall be posted on the website alphabetically by each school district and by candidate. The candidate statement shall be typewritten or electronically submitted. The county school superintendent shall post the statements verbatim as they are received unless a candidate requests in writing that typographical errors be corrected. The candidate statement shall contain the following items in the same size and format for each candidate: 1. A recent photograph of the candidate. 2. A statement not to exceed five hundred words. 3. A disclosure of any relationships by affinity, by consanguinity or by law to the third degree that exist between the candidate and any current governing board members or other candidates for election to the same governing board. I. Persons related as immediate family who have the same household of residence within four years prior shall not serve simultaneously on the governing board of the same school district if the governing board is composed of five members. For a school district with a student count of at least two hundred fifty that is located in a county with a population of more than five hundred thousand persons, not more than two persons related by affinity, by consanguinity or by law to the third degree shall serve simultaneously on the governing board of the same school district if the governing board is composed of five members. A qualified elector who resides in the school district may bring an action in superior court to enforce this subsection. J. A person related as immediate family who has the same household of residence within four years prior to a member of the governing board of the same school district is ineligible to be a candidate for nomination or election to that governing board if the governing board is composed of five members, except that a person related as immediate family who has the same household of residence within four years prior to a member of a governing board may be a candidate for nomination or election to the governing board of the same school district if the member is serving in the last year of a term of office. For a school district with a student count of at least two hundred fifty that is located in a county with a population of more than five hundred thousand persons, not more than two persons related by affinity, by consanguinity or by law to the third degree shall be eligible to be a candidate for nomination or election to a governing board that is composed of five members. A qualified elector who resides in the school district may bring an action in superior court to enforce this subsection. K. Persons related as immediate family who have the same household of residence within four years prior are ineligible to be simultaneous candidates for nomination or election to the governing board of the same school district if the governing board is composed of five members. For a school district with a student count of at least two hundred fifty that is located in a county with a population of more than five hundred thousand persons, not more than two persons related by affinity, by consanguinity or by law to the third degree shall be simultaneous candidates for nomination or election to a governing board that is composed of five members. A qualified elector who resides in the school district may bring an action in superior court to enforce this subsection. L. For the purposes of this section: 1. "Household of residence" means the place of abode during applicable time periods or the residence address used by an individual for voter registration or property tax purposes. 2. "Immediate family" means individuals who are married to each other and any children of those individuals. 3. "Small school district" has the same meaning prescribed in section 15-901. 15-422. Nominating petitions; ballots A. Nominating petitions shall be filed with the county school superintendent as prescribed by title 16, chapter 3. Nominating petitions shall be signed by a number of qualified electors of the district as provided in section 16-322. Nominating petitions for persons seeking to fill a vacancy on a governing board shall be designated as provided in section 16-314. B. The county school superintendent may cause separate ballots to be prepared, or such school district candidates' names may be included as a part of the regular ballot. In any event the names of all persons whose petitions have been filed shall appear on a ballot, without partisan or other designation except the title of the office. 15-423. School district precinct registers; date of preparation; contents; copies A. By the fifth day preceding the elections for membership on school district governing boards the county recorder shall prepare from the original affidavits of registration at least four printed or typed lists of all uncanceled registrations of each school district in the county, and the lists are the official school district precinct registers. B. The official school district precinct registers shall contain all information required to be included on precinct registers. The county recorder may combine the precinct register and the official school district precinct register into one common register. C. The county recorder shall, upon request, provide copies of school district precinct registers in the manner and for the fees prescribed in section 16-168, or section 16-172 for political subdivisions, for copies of precinct registers. D. By the fifth day preceding a special election or an election held at a time and place other than a general election in a school district, the county recorder shall prepare from the original affidavits of registration at least four printed or typed lists of all uncanceled registrations of each school district election precinct, and the lists are the official school district precinct registers. The official school district precinct registers shall contain all information required to be included on precinct registers. The governing board of the school district shall request of the county recorder and the county recorder shall provide to the school district copies of school district precinct registers in the manner and for the fees prescribed in section 16-172 for copies of precinct registers. 15-424. Election of governing board members; terms; reduction of membership; statement of contributions and expenditures A. A regular election shall be held for each school district at the time and place, and in the manner, of general elections as provided in title 16. B. Except as provided in subsection C of this section and sections 15-429 and 15-430, the term of office for each member shall be four years from January 1 next following the member's election. C. At the first general election held for a newly formed district, three members shall be elected. The candidate receiving the highest number of votes shall be elected to a four-year term, and the candidates having the second and third highest number of votes shall be elected to two-year terms. A district increasing its governing board to five members shall elect at the next general election members in the following manner: 1. If one of the previous three offices is to be filled, the three candidates receiving the highest, the second highest and the third highest number of votes shall be elected to four-year terms. 2. If two of the previous three offices are to be filled, the candidates receiving the highest, the second highest and the third highest number of votes shall be elected to four-year terms. The candidate receiving the fourth highest number of votes shall be elected to a two-year term. Thereafter all such offices shall have four-year terms. D. A member who is serving on a governing board for a district that reduces the number of its governing board members to three pursuant to section 15-425.01 shall continue to serve as a member of the governing board until expiration of the member's current term of office. A district that reduces the number of its governing board members to three pursuant to section 15-425.01 shall reduce the number of its members as follows: 1. If two of the previous five offices are expiring at the first general election held after the general election in which a district reduces the number of its governing board members to three pursuant to section 15-425.01: (a) At the first general election held after the general election in which a district reduces the number of its governing board members to three pursuant to section 15-425.01, the candidate receiving the highest number of votes shall be elected to a four-year term. (b) At the second general election held after the general election in which a district reduces the number of its governing board members to three pursuant to section 15-425.01, the candidates receiving the highest and second highest number of votes shall be elected to four-year terms. 2. If three of the previous five offices are expiring at the first general election held after the general election in which a district reduces the number of its governing board members to three pursuant to section 15-425.01, the candidate receiving the highest number of votes shall be elected to a four-year term at the election. E. If only one person files a nominating petition or nomination paper for a write-in candidate for an election to fill a district office, the board of supervisors, not earlier than one hundred five days before the election, may cancel the election for the position and appoint the person who filed the nominating petition or nomination paper to fill the position. If no person files a nominating petition or nomination paper for an election to fill a district office, the board of supervisors, not earlier than one hundred five days before the election, may cancel the election for that office and that office is deemed vacant and shall be filled as provided in section 15-302. A person who is appointed pursuant to this subsection is fully vested with the powers and duties of the office as if elected to that office. F. If two or more candidates receive an equal number of votes for the same office, and a higher number than any other candidate for that office, whether on the tally by the school election board or canvass of returns by the board of supervisors, or on recount by a court, the officer or board whose duty it is to declare the result shall determine by lot and in the presence of the candidates which candidate shall be declared elected. G. Position of the names of candidates for each office shall be rotated so that each candidate occupies each position on the ballot an equal number of times, insofar as is possible, for each ballot style. For candidates seeking election to fill a vacancy on the governing board, the ballot shall be designated as provided in section 16-502. H. This section does not require that a school election at which no member is to be elected be held on a general election day. I. All candidates for the office of school district governing board member shall file with the county school superintendent a statement of contributions and expenditures as provided in section 16-926. 15-425. Election to determine whether membership of governing board shall increase to five members; form of ballot; reconsideration procedure if negative vote; appointment or election of new members A. A qualified elector of a school district may submit to the county school superintendent a petition, signed by not less than ten per cent of the qualified school electors of the district, requesting the county school superintendent to call a special election to determine whether or not the number of members of the governing board for the school district should be increased to five. Upon receipt of the petition, in proper form and with the necessary signatures, the county school superintendent shall thereafter call a special election not later than ninety days prior to the general election to determine the question of whether the membership of the governing board for the school district shall be increased to five. B. Public notices of a special election called to determine whether there shall be five governing board members shall be posted in not less than three public places in the district at least ten days prior to the election. The election shall be held as prescribed by the county school superintendent and electors shall possess the qualifications as prescribed for the election of governing board members. C. The ballots shall contain the words: "Five governing board members, yes. Five governing board members, no." D. If the majority of the electors voting on the question votes in the affirmative, the school district shall elect five governing board members, as provided in section 15-424. If the majority of the electors voting on the question of increasing the number of governing board members votes in the negative, the question shall not again be placed upon the ballot of an election in the district until the lapse of one year from the date of such election. E. Notwithstanding section 15-424 and subsection D of this section, if the voters approve an increase in the size of the governing board at least one year before the next general election, the county school superintendent may appoint the two new members or call a special election pursuant to section 15-302. F. The term of the two new members appointed by the county school superintendent or elected through a special election expires January 1 following the next general election. At the first general election following the increase in the size of the governing board, the candidates elected and their terms shall be determined pursuant to section 15-424, subsection C. 15-425.01. Election; reduction of governing board to three members; ballot; requirements; reconsideration A. A qualified elector of a school district that qualifies under subsection B of this section may submit to the county school superintendent a petition, signed by at least ten percent of the qualified electors of the district, requesting that the question of reducing the number of members of the school district governing board to three be considered in the next general election held under section 15-424. On receipt of a petition that is in proper form and has the necessary signatures, the county school superintendent shall submit to the qualified electors of the school district at the next general election held under section 15-424 the question of whether the membership of the school district governing board should be reduced to three. B. Only a school district that has previously increased its governing board to five members under section 15-425 is eligible to reduce the number of its governing board members to three under this section. C. Public notices that the general election will address the question of reducing the number of governing board members to three shall be posted in at least three public places in the school district at least ten days before the general election. D. The ballots shall contain the words: "Three governing board members, yes. Three governing board members, no." E. If the majority of the electors voting on the question of reducing the number of governing board members votes in the affirmative, the school district shall reduce the number of its governing board members to three as provided in section 15-424. If the majority of the electors voting on the question votes in the negative, the question may not be placed on the ballot of an election in the district until at least one year after the date of the election. 15-426. Tally and canvass of votes; certificate of election; oath of office A. The officers of a special election shall, as soon as the polls are closed, tally the votes cast, enclose one list of the persons voting and one copy of the tally sheet in a cover and seal and direct the cover and its contents to the county school superintendent. The inspector shall place in the ballot box one list of the persons voting, one copy of the tally sheets and the ballots. The inspector shall lock the ballot box until the county school superintendent and the chairman of the board of supervisors meet to canvass the returns. Unless otherwise specified in this title, the officers of a regular school election shall proceed in the manner provided in title 16 for the tally of votes. B. The county school superintendent and the chairman of the board of supervisors shall meet within thirty days, unless otherwise specified in this title, following the date of any school election and canvass the returns in accordance with procedures for the canvass of returns in a general election. The county school superintendent shall declare the results of the election, shall declare elected the person receiving the highest number of votes for each office to be filled, and shall issue to him a certificate of election. C. When each governing board member elected subscribes to the oath of office attached to the certificate, it shall be forwarded on the same day to the county school superintendent. Members of governing boards may administer the oath of office to each other. 15-427. Governing board of a union high school district; qualifications; terms A. The members of the governing board of a union high school district shall be qualified school electors of the district. Members shall be elected from the union high school district at large except as provided in section 15-431. B. The term of office of the members of the union high school district governing board shall be four years, except: 1. Upon formation of a union high school district, the governing board shall be appointed by the county school superintendent and shall hold office until January 1 following the next general election. 2. At the first general election after formation of the district, members shall be elected in the following manner: (a) The three candidates receiving the highest, the second highest and the third highest number of votes shall be elected to four year terms. (b) The two candidates receiving the fourth and fifth highest number of votes shall be elected for two year terms. Thereafter all such offices shall have four year terms. 15-428. Election of governing board members of a union high school district A. Members of the governing board of a union high school district shall be elected at the time and place and in the manner that members of other school districts are elected, as nearly as is practicable, except as provided in section 15-427, subsection B. B. Election officers shall certify the returns to the county school superintendent who shall meet with the chairman of the board of supervisors within thirty days following the date of the election and canvass the returns and issue certificates of election, as provided in section 15-426. 15-429. Election of governing board members of a joint common school district A. A joint common school district shall be governed by a board of five members, one of whom shall reside in and be elected from each of the counties comprising the district and the remaining number shall reside in the district and be elected at large unless the district has implemented an alternative election system as provided in section 15-431. Within ten days after the creation of the joint common school district, the county school superintendent of the jurisdictional county, after notifying the county school superintendent of any other county whose territory, or a portion thereof, is in the new district, shall call a special election, which shall be held within twenty days after the issuance of such call, to elect a governing board for the joint common school district. The polling places for the election shall be located in each county of the district. The election shall be conducted as provided by law for other school districts, except that the members first elected shall serve until January 1 following the next general election. At the general election held next following the special election, and thereafter, the members shall be elected as prescribed for five member boards in sections 15-424 and 15-427. B. The county school superintendent shall call the first meeting of the newly formed governing board within ten days after its election. Each member shall be given five days' written notice in advance of the meeting. The meeting shall be held at a location convenient to all members. Business shall be conducted as provided by law for the conduct of school districts. 15-430. Governing board members of newly consolidated district; election of members A. If school districts are consolidated as provided in section 15-459, the terms of the governing board members of the previously existing school districts do not expire on the effective date of the consolidation and continue until January 1 following the next general election, during which time the members of the governing boards of the previously existing school districts shall serve as the governing board of the new school district. B. At the next general election held following the consolidation and thereafter, five members shall be elected as prescribed in section 15-427, subsection B. The new board shall take office on January 1 following the general election. 15-431. Alternative election procedure of governing board members A. If, for the prior school year, a school district had an average daily membership of at least one thousand and the total minority enrollment in the district, as reported to the department of education, was at least twenty-five per cent of the total enrollment of the district, the governing board may vote to implement an alternative election system for the election of governing board members. The alternative election system implemented by the board may include a vote by the board to divide the school district into as many single member districts as there are governing board members or a vote by the board to implement any other election method that is consistent with section 2 of the voting rights act of 1965 (42 United States Code section 1973), as amended. A school district that has implemented an alternative election system for the election of governing board members as provided by this subsection may continue to elect governing board members using the alternative election system even if the average daily membership of the school district or percentage of minority pupils enrolled in the district falls below the levels prescribed in this subsection. If the average daily membership of the school district or percentage of minority pupils enrolled in the district falls below the levels prescribed in this subsection, the governing board may vote to elect governing board members using the at large election method as prescribed in section 15-429. B. If the governing board of a school district has implemented a single member district election system as provided in subsection A of this section, the system shall be implemented as follows: 1. The governing board shall define the boundaries of the single member district so that the single member districts are as nearly equal in population as is practicable, except that if the school district lies in part in each of two or more counties, at least one single member district may be entirely within each of the counties comprising the school district if this district design is consistent with the obligation to equalize the population among single member districts. 2. The boundaries of the single member district shall follow election precinct boundary lines, as far as practicable, in order to avoid further segmentation of the precincts. 3. A number shall be assigned to each of the new single member districts in ascending order according to the percentage of the district's minority population in each single member district. 4. As the terms of the governing board members who were elected at large expire, the members shall be replaced by members who are elected from the single member districts in ascending order of single member district number. 5. A person who is a registered voter of this state and who is a resident of the single member district is eligible for election to the office of school board member from the single member district. 6. Nominating petitions shall be signed by the number of qualified electors of the single member district as provided in section 16-322. C. If the governing board has voted to implement any other alternative election system for the election of governing board members, as provided in subsection A of this section, the implementation of the system shall be as approved by the United States justice department. 15-441. School districts; designation A. The bases of the educational organization of the county and state are the school districts as defined in section 15-101. Existing districts shall be continued, and new districts may be formed as provided in this title. B. Each school district shall be designated as school district no. _____ (insert the number of the district), of _______ county (insert the name of the county). 15-442. Record of school district boundaries; limitation on change; notice to governing board A. The county school superintendent, on or before December 1 each year, shall file with the board of supervisors and the county assessor a transcript of the boundaries of each school district within the county. The boundaries shown in the transcript shall become the legal boundaries of the districts as of the following July 1. B. The boundaries of a school district shall not be changed except as provided in this title and then only after the governing boards of the districts affected have had written notice of the proposed change from the county school superintendent and have had an opportunity to be heard. C. If the county school superintendent and county assessor determine that the boundaries of any school district are in conflict with one another or with other intersecting legal boundaries, traverse within a legally described boundary or are incorrectly described, the county school superintendent shall change, reconcile and describe the school district boundaries accurately and shall make a report of those boundary adjustments to the board of supervisors. When the board of supervisors approves a district boundary report that is submitted by the county school superintendent, those boundaries shall be the legal boundaries and descriptions of the school district within that county. 15-443. Formation of new common school district A. New common school districts may be formed in unorganized territory on presentation to the county school superintendent of a petition which: 1. Is signed by the parents or guardians of at least ten pupils. Persons who sign the petition shall: (a) Be residents of the proposed new common school district. (b) Reside more than four miles from any school district schoolhouse. 2. Set forth the boundaries of the proposed common school district. B. For any common school district formed after July 1, 1988, the tax rate levied for the district shall be at a rate not less than the rate prescribed in section 15-971, subsection B, paragraph 2. Any monies received from the tax levy in excess of the additional amounts prescribed in section 15-991 shall be deposited in the state general fund. 15-444. Formation of union high school district; petition for establishment; election; notice A. Two or more adjoining school districts jointly having a student count of at least two hundred pupils and an assessed valuation of at least $2,000,000 may unite and form a union high school district. A union high school district may not be formed of territory already embodied in a union high school district unless the remaining territory of the original union high school district is contiguous and has an assessed valuation of at least $5,000,000. B. If a majority of the governing boards of each of two or more adjoining school districts unites in a petition to the county school superintendent to establish a union high school district, or if ten percent of the residents of each of two or more adjoining school districts unite in a petition to establish a union high school district, the county school superintendent shall call an election to be held at the next regular election of the governing board, if within ninety days after receipt of the petition, to determine the question, or a special election called for that purpose within sixty days. C. Public notices of the election, not less than three in each school district comprising the proposed union high school district, shall be posted, one to be on the door of the schoolhouse in each district, at least ten days before the election. D. The election shall be conducted as nearly as practicable in the manner prescribed in section 15-459. The ballots shall contain the words "union high school district, yes" and "union high school district, no", and the voter shall signify his desired choice. E. If a majority of the persons voting within each school district comprising the proposed union high school district votes in favor of establishing a union high school district, the union high school district shall become effective as provided in section 15-459, subsection J. F. If a union high school district is established from a unified school district as provided in this section, a common school district is established with boundaries coterminous with the boundaries of the former unified school district. 15-444.01. Common school districts within a high school district; proposed expansion or reduction; notification The governing board of a common school district that is located within a high school district shall notify and obtain permission from the governing board of the high school district before taking any action that results in the expansion or reduction of the common school district's boundaries. The notification and permission required by this section shall take place at least ninety days before the beginning of the fiscal year in which the proposed expansion or reduction is scheduled to take effect. 15-445. Residents of unorganized territory; school district elections A. The county school superintendent, on receiving notification from the state school superintendent pursuant to section 15-825.02, subsection B, shall do all of the following before calling an election: 1. Establish the boundaries of the proposed school district, taking into consideration communities of interest and excluding Indian reservations and other federal lands where reasonable to do so. During the period that the county school superintendent is considering the new school district boundaries, the county school superintendent shall conduct at least two public meetings at which public testimony is heard and questions are answered. 2. Identify adjacent school districts that accept at least twenty-five per cent of their open enrollment or certificate of educational convenience students from the unorganized territory and that are willing to accept the unorganized territory into the existing school district. If there is only one adjacent school district that meets these criteria, the boundaries of that school district shall be reestablished to include the unorganized territory without an election. 3. If there is more than one adjacent school district that meets the criteria prescribed in paragraph 2 of this subsection, prepare a pamphlet and a ballot question that includes the proposed boundaries and identifies existing adjacent school districts that are willing to accept the unorganized territory into the existing school district. The pamphlet shall be mailed to each household with one or more qualified electors. The pamphlet and ballot shall require the voters within the boundaries proposed by the county school superintendent to join an existing adjacent school district. The pamphlet and ballot shall include the full cash value, the assessed valuation and the estimated amount of the primary property taxes and the estimated amount of the secondary property taxes under each of the ballot options for each of the following: (a) An owner occupied residence whose assessed valuation is the average assessed valuation of property classified as class three, as prescribed by section 42-12003 for the current year in the school district. (b) An owner occupied residence whose assessed valuation is one-half of the assessed valuation of the residence in subdivision (a). (c) An owner occupied residence whose assessed valuation is twice the assessed valuation of the residence in subdivision (a). (d) A business whose assessed valuation is the average of the assessed valuation of property classified as class one, as prescribed by section 42-12001, paragraphs 12 and 13 for the current year in the school district. B. The county school superintendent shall schedule the election on the next available general election date allowed by law. C. On a canvass of the vote and a determination by the county school superintendent that a majority of the voters approve joining an existing adjacent school district, the county school superintendent shall notify the existing school district of the following: 1. That the boundaries of the school district shall be revised to include the property identified in the boundaries established by the county school superintendent. 2. That the school district shall provide the same educational services that are currently provided to students who reside in current boundaries of the school district to all students within the revised boundaries at the beginning of the next school year. D. If the adjacent school district is a common school district that is within the boundaries of a union high school district, the unorganized territory shall join both the common school district and the union high school district. If the adjacent school district is a common school district that is not within the boundaries of a high school district, the unorganized territory shall join the common school district, and high school pupils who reside in the previously unorganized territory shall be educated in the same manner as high school pupils who reside in the common school district. 15-447. Offer of instruction in high school subjects by common school districts; limitations The state board of education may grant permission to the governing board of a common school district to offer instruction in high school subjects, grades nine through twelve, except that the state board shall not grant permission if the qualified electors of a common school district have voted against the formation of a high school district within the last five years. If the qualified electors of a common school district vote against the formation of a high school district within one year after the state board has granted permission to the governing board to offer instruction in high school subjects, the governing board shall cease to offer instruction in high school subjects at the end of the current year and shall not offer such instruction until such time as the state board has again granted permission in accordance with this section. Enrollment of pupils in grades nine through twelve shall be deemed to be enrollment in high school. For purposes of computing the base support level, the support level weight for high school districts shall be used. Successful completion of a prescribed course of study in grades nine through twelve entitles a pupil to a certificate of high school graduation. 15-447.01. Common school districts; offer of instruction in grade nine A. Before a common school district offers instruction in grade nine pursuant to section 15-901, subsection A, paragraph 3, subdivision (b), the common school district governing board shall: 1. Conduct a preliminary vote at a public meeting to consider the question of offering instruction in grade nine. 2. Send a letter expressing the common school district's interest in offering instruction in grade nine to the union high school district or the unified school district where a majority of the common school pupils would otherwise enroll in grade nine. 3. Hold a public hearing on the issue at least ninety days after the letter of interest is sent as prescribed in paragraph 2 of this subsection. 4. Conduct a final vote on the issue of offering instruction in grade nine. The final vote prescribed in this paragraph shall occur no later than January 15 of the school year that precedes the school year in which instruction in grade nine will first be offered and at least thirty days after the public hearing prescribed in paragraph 3 of this subsection. B. Notwithstanding any other law, a common school district that offers instruction in grade nine pursuant to section 15-901, subsection A, paragraph 3, subdivision (b) may: 1. Conduct an election to exceed the revenue control limit as provided in sections 15-481 and 15-482 and use the weighted student count of pupils in grade nine as part of the calculation for the increase in the revenue control limit. 2. Use the count of pupils in grade nine to determine equalization assistance pursuant to section 15-971. C. A common school district may not offer instruction in grade nine in a school facility where instruction is provided to pupils in kindergarten programs and grades one through six, or any combination of kindergarten instruction or grades one through six. 15-448. Formation of unified school district; board membership; budget A. One or more common school districts and a high school district with coterminous or overlapping boundaries may establish a unified school district pursuant to this section. Unification of a common school district and a high school district is not authorized by this section if any of the high school facilities owned by the new unified school district would not be located within its boundaries. B. Formation of a unified school district shall be by resolutions approved by the governing boards of the unifying school districts and certification of approval by such governing boards to the county school superintendent of the county or counties in which such individual school districts are located. A common school district and high school district that unify pursuant to this section shall not exclude from the same unification a common school district that has overlapping boundaries with the high school district and that wishes to unify. Except as provided in subsection D of this section, the formation of a unified school district becomes effective on July 1 of the next fiscal year following the certification of the county school superintendent. An election is not required to form a unified school district pursuant to this section. Notice of the proposed vote of the governing boards on the resolutions prescribed in this subsection shall be posted in at least three public places in each of the school districts proposed to be unified at least ninety days before the proposed vote. At least ninety days before the governing boards vote on the resolutions prescribed in this subsection, the governing boards shall mail a pamphlet to each household with one or more qualified electors that lists the full cash value, the assessed valuation and the estimated amount of the primary property taxes and the estimated amount of the secondary property taxes under the proposed unification for each of the following: 1. An owner-occupied residence whose assessed valuation is the average assessed valuation of property classified as class three, as prescribed by section 42-12003 for the current year in the school district. 2. An owner-occupied residence whose assessed valuation is one-half of the assessed valuation of the residence in paragraph 1 of this subsection. 3. An owner-occupied residence whose assessed valuation is twice the assessed valuation of the residence in paragraph 1 of this subsection. 4. A business whose assessed valuation is the average of the assessed valuation of property classified as class one, as prescribed by section 42-12001, paragraphs 12 and 13 for the current year in the school district. C. The boundaries of the unified school district shall be the boundaries of the former common school district or districts that unify. The boundaries of the common school district or districts that are not unifying remain unchanged. The county school superintendent, immediately on receipt of the approved resolutions prescribed by subsection B of this section, shall file with the board of supervisors, the county assessor and the superintendent of public instruction a transcript of the boundaries of the unified school district. The boundaries shown in the transcript shall become the legal boundaries of the school districts on July 1 of the next fiscal year. D. On formation of the unified school district, the governing board consists of the members of the former school district governing boards and the members shall hold office until January 1 following the first general election after formation of the district. For the purpose of all actions that are necessary to operate the unified district for the next year, the unified school district governing board is constituted and may conduct meetings after the adoption of the unification resolutions prescribed by subsection B of this section. E. Beginning on January 1 following the first general election after formation of the unified school district, the governing board shall have five members. At the first general election after the formation of the district, members shall be elected in the following manner: 1. The three candidates receiving the highest, the second highest and the third highest number of votes shall be elected to four-year terms. 2. The two candidates receiving the fourth and fifth highest number of votes shall be elected to two-year terms. Thereafter all offices shall have four-year terms. F. The new unified school district may appoint a resident of the remaining common school district to serve as a nonvoting member of the governing board to represent the interests of the high school pupils who reside in the remaining common school district and who attend school in the unified school district. G. For the first year of operation, the unified school district governing board shall prepare a consolidated budget based on the student counts from the school districts comprising the unified school district. The unified school district may budget for unification assistance pursuant to section 15-912.01. H. The governing board of the unified school district shall prepare policies, curricula and budgets for the district. These policies shall require that: 1. The base compensation of each certificated teacher for the first year of operation of the new unified school district shall not be lower than the certificated teacher's base compensation for the prior year in the previously existing school districts. 2. The certificated teacher's years of employment in the previously existing school districts shall be included in determining the teacher's certificated years of employment in the new unified school district. I. On formation of a unified school district, any existing override authorization of the former high school district and the former common school district or districts shall continue until expiration based on the revenue control limit of the school district or districts that had override authorization before unification. The unified school district may request new override authorization for the budget year as provided in section 15-481 based on the combined revenue control limit of the new district after unification. If the unified school district's request for override authorization is approved, it will replace any existing override for the budget year. J. The unified school district shall admit high school pupils who reside in a common school district that was located within the boundaries of the former high school district. For the purposes of determining student count and for apportionment of state aid, the school membership of these pupils is deemed to be enrollment in the unified school district. K. All assets and liabilities of the unifying school districts shall be transferred and assumed by the new unified school district. Any existing bonded indebtedness of a common school district or a high school district unifying pursuant to this section shall be assumed by the new unified school district and shall be regarded as an indebtedness of the new unified school district for the purpose of determining the debt incurring authority of the district. Taxes for the payment of such bonded indebtedness shall be levied on all taxable property in the new unified school district, but nothing in this subsection shall be construed to relieve from liability to taxation for the payment of all taxable property of the former high school district if necessary to prevent a default in the payment of any bonded indebtedness of the former high school district. The residents of a common school district that does not unify shall not vote in bond or override elections of the unified school district and shall not be assessed taxes as a result of a bond or override election of the unified school district. L. If the remaining common school district had authorization for an override as provided in section 15-481 or 15-482, the override authorization continues for the remaining common school district or districts in the same manner as before the formation of the unified school district. M. The bonding authorization and bonding limitations continue for the remaining common school district or districts in the same manner as before the formation of the unified school district. N. This section does not relieve a school district formed pursuant to section 15-457 or 15-458 of its liability for any outstanding bonded indebtedness. 0. For school districts that become unified after July 1, 2004 and where all of the common schools were eligible for the small school district weight pursuant to section 15-943, paragraph 1, subdivision (a) when computing their base support level and base revenue control limit before unification, the unified school district may continue to use the small school district weight as follows: 1. Annually determine the common school student count and the weighted student count pursuant to section 15-943, paragraph 1, subdivision (a) for each common school district before unification. 2. Calculate the sum of the common school districts' student counts and weighted student counts determined in paragraph 1 of this subsection. 3. Divide the sum of the weighted student counts by the sum of the student counts determined in paragraph 2 of this subsection. 4. The amount determined in paragraph 3 of this subsection shall be the weight for the common schools in the unified school district. P. A unified school district may calculate its revenue control limit and district support level by using subsection O of this section as follows: 1. Determine the number of individual school districts that existed before unification into a single school district. 2. Multiply the amount determined in paragraph 1 of this subsection by six hundred. 3. Multiply the amount determined in paragraph 2 of this subsection by 0.80. 4. If the amount determined in paragraph 3 of this subsection exceeds the student count of the unified school district, the unified school district is eligible to use subsection O of this section. Q. Subsections O and P of this section shall remain in effect until the aggregate student count of the common school districts before unification exceeds the aggregate number of students of the common school districts before unification authorized to utilize section 15-943, paragraph 1, subdivision (a). 15-449. Formation of unified school district by common school district; petition for establishment; election; notice A. A common school district having a student count of at least two hundred pupils and an assessed valuation of at least $2,000,000, by a majority vote of the qualified school electors of the school district, may establish a unified school district with boundaries coterminous with the boundaries of the common school district. B. If a majority of the governing board of the common school district unites in a petition to the county school superintendent to establish a unified school district, or if ten percent of the residents of the common school district unite in a petition to establish a unified school district, the county school superintendent shall call an election to be held at the next regular election of the governing board, if the next regular election is within ninety days after receipt of the petition, to determine the question, or shall call a special election for that purpose within one hundred twenty days. C. At least five public notices of the election shall be posted, one to be on the door of the schoolhouse in the district, at least ninety days before the election if the election is at least ninety days after receipt of the petition or as soon as practicable if the election is fewer than ninety days after receipt of the petition.