(a) (1) An existing district under which a proposed isolated school district currently operates shall agree in writing to release ownership of the isolated school's facilities and any accompanying debt on the facilities to the isolated school district.(2) The written release form required under subdivision (a)(1) of this section shall be signed by the president of the school district board of directors of the existing district under which the proposed isolated school district currently operates and shall be included in the application submitted by the proposed isolated school district.
(1) An existing district under which a proposed isolated school district currently operates shall agree in writing to release ownership of the isolated school's facilities and any accompanying debt on the facilities to the isolated school district.
(2) The written release form required under subdivision (a)(1) of this section shall be signed by the president of the school district board of directors of the existing district under which the proposed isolated school district currently operates and shall be included in the application submitted by the proposed isolated school district.
(b) (1) Ownership of a school bus acquired with isolated school funds in the previous two (2) school years shall be transferred to the isolated school district formed under this subchapter.(2) If a school bus was not acquired with isolated school funds in the previous two (2) school years, then the ownership of the number of school buses transferred to the isolated school district formed under this subchapter shall be equal to the lesser of:(A) The number of buses dedicated primarily to delivering students to and from the isolated school in the previous two (2) years of operation of the existing district under which the isolated school previously operated; or(B) The percentage of the total number of buses owned by the existing district that is equal to the percentage of students attending the isolated school in the prior year according to the first three-quarter average daily membership.
(1) Ownership of a school bus acquired with isolated school funds in the previous two (2) school years shall be transferred to the isolated school district formed under this subchapter.
(2) If a school bus was not acquired with isolated school funds in the previous two (2) school years, then the ownership of the number of school buses transferred to the isolated school district formed under this subchapter shall be equal to the lesser of:(A) The number of buses dedicated primarily to delivering students to and from the isolated school in the previous two (2) years of operation of the existing district under which the isolated school previously operated; or(B) The percentage of the total number of buses owned by the existing district that is equal to the percentage of students attending the isolated school in the prior year according to the first three-quarter average daily membership.
(A) The number of buses dedicated primarily to delivering students to and from the isolated school in the previous two (2) years of operation of the existing district under which the isolated school previously operated; or
(B) The percentage of the total number of buses owned by the existing district that is equal to the percentage of students attending the isolated school in the prior year according to the first three-quarter average daily membership.
(c) Isolated school funds received by the existing district under which the proposed isolated school district currently operates within four (4) months of the end of the existing district's fiscal year on June 30 shall be transferred to the resulting isolated school district.
(d) Ownership of all personal property and fixtures, including without limitation furnishings, equipment, textbooks, computers, technology, phone systems, audio-video systems, athletic equipment, and machinery at an isolated school located in a resulting isolated school district that is the property of the existing district at the time of a detachment election held under this subchapter shall be transferred to the resulting isolated school district.
(e) (1) An existing district shall transfer to the isolated school district that previously operated under the existing district a sum equal to ninety percent (90%) of the foundation funding awarded for each student who currently attends the isolated school based on the prior-year first three-quarter average daily membership of the public school that is proposed to operate as an isolated school district.(2) The payment of foundation funds required under subdivision (e)(1) of this section shall be made under § 6-13-1806(e).
(1) An existing district shall transfer to the isolated school district that previously operated under the existing district a sum equal to ninety percent (90%) of the foundation funding awarded for each student who currently attends the isolated school based on the prior-year first three-quarter average daily membership of the public school that is proposed to operate as an isolated school district.
(2) The payment of foundation funds required under subdivision (e)(1) of this section shall be made under § 6-13-1806(e).
(f) (1) An isolated school district shall assume all the debt of the existing district if the debt is directly related to the real property transferred to the isolated school district under this section.(2) Debt is directly related to the real property transferred to the isolated school district under this section if the debt is related to a capital project that is located on the isolated school district campus.(3) In order to comply with this subsection, an isolated school district may:(A) Refinance any debt assumed under subdivision (f)(1) of this section through the issuance of new bonds; or(B) Enter into a contract to pay the existing district under which the isolated school district previously operated and that holds the debt the amount necessary to satisfy the debt repayment obligations.
(1) An isolated school district shall assume all the debt of the existing district if the debt is directly related to the real property transferred to the isolated school district under this section.
(2) Debt is directly related to the real property transferred to the isolated school district under this section if the debt is related to a capital project that is located on the isolated school district campus.
(3) In order to comply with this subsection, an isolated school district may:(A) Refinance any debt assumed under subdivision (f)(1) of this section through the issuance of new bonds; or(B) Enter into a contract to pay the existing district under which the isolated school district previously operated and that holds the debt the amount necessary to satisfy the debt repayment obligations.
(A) Refinance any debt assumed under subdivision (f)(1) of this section through the issuance of new bonds; or
(B) Enter into a contract to pay the existing district under which the isolated school district previously operated and that holds the debt the amount necessary to satisfy the debt repayment obligations.
(g) (1) An existing district shall hold all personal property and fixtures that will be transferred to a resulting isolated school district under this section in a trust until the isolated school district is able to take custody of the personal property and fixtures.(2) (A) An isolated school district shall have a civil cause of action to enforce the distribution of ownership of personal property and fixtures under this section.(B) A court of competent jurisdiction may provide any legal or equitable remedy necessary to give effect to the provisions of this subchapter.(C) If a civil cause of action is initiated and a court of competent jurisdiction determines that an existing district or an administrator of an existing district has concealed, removed, wasted, divested, or withheld any personal property or fixture that belongs to an isolated school district according to this section, then the court may:(i) Assess punitive damages up to three (3) times the amount of the value of the personal property or fixture that was concealed, removed, wasted, divested, or withheld;(ii) Award attorney's fees to the prevailing party; and(iii) Take other appropriate actions to ensure compliance with the requirements of this subchapter.
(1) An existing district shall hold all personal property and fixtures that will be transferred to a resulting isolated school district under this section in a trust until the isolated school district is able to take custody of the personal property and fixtures.
(2) (A) An isolated school district shall have a civil cause of action to enforce the distribution of ownership of personal property and fixtures under this section.(B) A court of competent jurisdiction may provide any legal or equitable remedy necessary to give effect to the provisions of this subchapter.(C) If a civil cause of action is initiated and a court of competent jurisdiction determines that an existing district or an administrator of an existing district has concealed, removed, wasted, divested, or withheld any personal property or fixture that belongs to an isolated school district according to this section, then the court may:(i) Assess punitive damages up to three (3) times the amount of the value of the personal property or fixture that was concealed, removed, wasted, divested, or withheld;(ii) Award attorney's fees to the prevailing party; and(iii) Take other appropriate actions to ensure compliance with the requirements of this subchapter.
(A) An isolated school district shall have a civil cause of action to enforce the distribution of ownership of personal property and fixtures under this section.
(B) A court of competent jurisdiction may provide any legal or equitable remedy necessary to give effect to the provisions of this subchapter.
(C) If a civil cause of action is initiated and a court of competent jurisdiction determines that an existing district or an administrator of an existing district has concealed, removed, wasted, divested, or withheld any personal property or fixture that belongs to an isolated school district according to this section, then the court may:(i) Assess punitive damages up to three (3) times the amount of the value of the personal property or fixture that was concealed, removed, wasted, divested, or withheld;(ii) Award attorney's fees to the prevailing party; and(iii) Take other appropriate actions to ensure compliance with the requirements of this subchapter.
(i) Assess punitive damages up to three (3) times the amount of the value of the personal property or fixture that was concealed, removed, wasted, divested, or withheld;
(ii) Award attorney's fees to the prevailing party; and
(iii) Take other appropriate actions to ensure compliance with the requirements of this subchapter.
(h) (1) Nothing in this subchapter shall prohibit an existing district and an isolated school district formed under this subchapter from agreeing to a division of personal property, fixtures, and other assets, including without limitation any funding, that is not otherwise prescribed in this subchapter.(2) An agreement entered into under subdivision (h)(1) of this section shall be enforceable by a court of competent jurisdiction.
(1) Nothing in this subchapter shall prohibit an existing district and an isolated school district formed under this subchapter from agreeing to a division of personal property, fixtures, and other assets, including without limitation any funding, that is not otherwise prescribed in this subchapter.
(2) An agreement entered into under subdivision (h)(1) of this section shall be enforceable by a court of competent jurisdiction.