A reorganization plan may provide that the general fund mill levy applicable to property in those participating districts having a general fund mill levy that is lower than the proposed general fund mill levy for the reorganized district may be raised incrementally, over a period not to exceed five years, to the level proposed for the reorganized district.
15.1-12-10. School district reorganization - Contents of plan - Public hearing - Testimony and evidence. 1. The reorganization plan required by section 15.1-12-09 must: a. Include a map showing the boundaries of each participating district and of the proposed new district; b. Include the number of students enrolled in each participating district during the current school year and during the ten preceding school years; c. Include projected student enrollments for the ensuing ten years; d. Include the location and condition of all school buildings and facilities in each participating district and intended uses for the buildings and facilities; e. Address planned construction, modification, or improvement of school buildings and facilities located within the boundaries of the new district; f. Address planned course offerings by the new district; g. Include the planned administrative structure of the new district and the number of full-time equivalent personnel to be employed by the new district; h. Include the planned number of members who will constitute the board of the new district and the manner in which the members are to be elected; i. Address plans regarding student transportation; j. Identify other governmental entities, including multidistrict special education units and area career and technology centers, which may provide services to the new district; k. Include the taxable valuation and per student valuation of each participating district and the taxable valuation and per student valuation of the new district; l. Include the amount of all bonded and other indebtedness incurred by each participating district; m. Include the current budget for each participating school district together with: (1) The district's estimated ending fund balance; and
(2) A list of the district's anticipated expenditures for goods and services, whether in a single transaction or in multiple transactions, if the total value of the goods or services exceeds three thousand dollars, provided the requirements of this paragraph do not extend to salaries, benefits, or other compensation paid or payable to school district personnel; n. Address the planned disposition of all property, assets, debts, and liabilities of each participating district, taking into consideration section 15.1-12-18; o. Include a proposed budget for the new district and a proposed general fund levy and any other levies, provided that tax levies submitted to and approved by the state board as part of a reorganization plan are not subject to mill levy limitations otherwise provided by law; p. Include the official name of the new district, which must include the phrase "school district" or "public school district" and which may include no more than two additional words; q. Include the number of the new district, as assigned by the superintendent of public instruction; and r. Include any other information that the participating school districts wish to have considered by the county committee or the state board. 2. Upon receiving a reorganization plan, the county superintendent shall schedule and give notice of a public hearing regarding the plan. If the school districts involved in a reorganization plan include property in more than one county, but the major portion of each district's property is in the same county, the county committee of that county shall consider the reorganization plan. If the school districts involved in a reorganization plan are situated in more than one county and the major portion of each district's property is not in the same county, the county committees of those counties encompassing the major portion of each school district shall jointly consider the reorganization plan. 3. The county superintendent shall publish the notice in the official newspaper of the county at least fourteen days before the date of the hearing. 4. If no newspaper is published in the county, the county superintendent shall publish the notice in the official newspaper of an adjoining county in this state. 5. Before the hearing, the county committee shall review the reorganization plan and ensure that all statutory requirements have been met. 6. At the hearing, the county committee shall accept testimony and documentary evidence regarding the reorganization plan. 7. Following consideration of the testimony and documentary evidence presented at the hearing, the committee shall approve or deny the reorganization plan. 8. If the plan is approved by at least one county committee, the county superintendent shall forward all minutes, records, documentary evidence, and other information regarding the proceeding, and the county committee's decision, to the state board for final approval. The state board shall publish notice of its meeting at which it will consider the reorganization plan in the official newspaper of the county at least fourteen days before the date of the meeting. If no newspaper is published in the county, the state board shall publish the notice in the official newspaper of an adjoining county in this state. 9. To become effective, a reorganization plan must meet all statutory requirements and must receive approval by both the state board and a majority of electors residing within each school district.
15.1-12-10.1. State board of public school education - Approval of elementary districts prohibited. The state board of public school education may not approve any reorganization plan that would result in the creation of an elementary district.
15.1-12-11. School district reorganization - Approved plan - Special election - Formation of new district. 1. If the state board approves a reorganization plan, the state board shall notify each county superintendent of schools having jurisdiction over real property in the proposed new district. A county superintendent receiving notice under this section shall call a special election in order that the electors residing within the boundaries of the proposed new district may approve or reject the reorganization plan. The election must be held between July first and December thirty-first of the year in which the plan is approved by the state board. If there are insufficient days left in the year to meet the notice requirements of this section, the election must be held the following year. 2. If the state board approves a reorganization plan, the state board shall notify job service North Dakota of the names of the school districts planning to reorganize, the election date proposed in the reorganization plan, the proposed effective date of the reorganization, and the proposed name of the new reorganized school district. 3. The county superintendent shall give notice of the election by publishing the time, date, and place of the election in the official newspaper of the county, at least fourteen days before the date of the election. 4. The election notice must: a. State that the election has been called for the purpose of approving or rejecting a plan to form a new school district; b. Describe the boundaries of the proposed new district; and c. Include a statement describing the adjustment of property, debts, and liabilities proposed in the plan, together with the proposed tax levy. 5. The county superintendent shall appoint judges and clerks of the election. The election must be conducted in the same manner and the polls must open and close at the same time as specified for school district elections. 6. The result of the elections must be certified by the participating school boards and delivered to the county superintendent within three days after the closing of the polls. 7. If a majority of electors residing within each school district vote to approve the reorganization plan, the county superintendent shall make the necessary adjustments of property, debts, and liabilities and perform all duties required by law in order to establish and organize the new school district. The county superintendent shall also notify job service North Dakota regarding the results of the election and, if the reorganization is approved, shall indicate the effective date of the reorganization and the name of the new reorganized school district.