72-6769. Board member district boundaries; adjustment.
72-6769
72-6769. Board member district boundaries;adjustment.(a) (1) Except as provided by paragraph (3), the board of education ofanyschool district may change theboundariesof board member districts, if any, within the school district at any time theboard determines such changeis necessary. The board is directed to make any appropriatechanges in the board member districts of the school district byresolution dulyadopted at a meeting of the board. Theboard shall draw boundaries of board member districts that are as compact andequal in population as possible. The boundaries of board member districts shallbe drawn, to the extent practical, to include whole voting precincts. Upon afinding by the board that whole voting precincts cannot be included, boundariesshall be drawn to include whole census blocks.
(2) If the population of any board member district is at least 5% above or5% below the mean population of all board member districts within the schooldistrict, based upon the most recently published federal decennial census orupon population estimates as determined by the county election officer of thehome county of the school district, the board of education of such schooldistrict shall change the boundaries of the board member districts so that thepopulation of any board member district is not greater than 5% above nor 5%below the mean population of all board member districts within the schooldistrict. If the board does not change the boundaries as required by thisparagraph, the county or district attorney of the home county of the schooldistrict shall notify the board of its duty to make such changes. Ifwithin 60 days after receiving such notification, the board fails to change theboundaries as required by this paragraph, the county or districtattorney shall file an action in the district court of such countyrequesting an order to compel the school board to change the board memberdistrict boundaries as required by this paragraph.
(3) No boundary changes shall be made during the ninety-day period precedingany regular election of the school district.Suchresolution shall be published one time in a newspaper having generalcirculation in the district, and such publication shall be made within twoweeks after the adoption of such resolution. No action shall be broughtin any court to contest the location of the boundaries of any memberdistrict except within 60 days immediately following thepublication of such resolution. Any such action shall be filed in the nameof the state by a county or district attorney or the attorney general in adistrictcourt of competent jurisdiction. Such a court is authorized to advance anysuch action on its docket for early determination to facilitate the conductof elections to be held in the unified district.
(b) Amendments to board member district boundaries may be madeto correcterrorstherein or to make the territory thereof more practicable. In the event oftransfer of any territory into a school district, such territory shall beassigned to one or more board member districts, if any, by the board ofeducationby resolution duly adopted no later than 60 days prior to any regular electionin the school district. In the event of transfer of anyterritory out of the school district, board member districts shall beadjusted,if needed, by the board by resolution duly adopted no later than60 days prior to any regular election in the school district.
Whenever the boundaries of any board member district are changed, theboard ofeducation shall immediately notify, in writing, the county election officerof the home county of the school district.Such notice shall describe the boundaries as changed.
History: L. 1965, ch. 420, § 6;L. 1972, ch. 266, § 1;L. 1996, ch. 7, § 1;L. 2006, ch. 188, § 1; July 1.