6 CAR § 231-603 – Procedure for consideration of a boundary change petition

(a) A school district shall file its petition with the State Board of Education only upon completion of the requirements provided in 6 CAR § 231-601(b).
(b)
1. (1) If a petition is filed at least thirty (30) days prior to the next regularly scheduled state board meeting, the petition shall be placed on the agenda for that meeting.
2. (2) If the petition is filed less than thirty (30) days prior to the next regularly scheduled state board meeting, the petition shall be considered at the following state board meeting.
(c) When a boundary change petition is received, the Department of Education shall give notice to each district affected of the date, time, and location of the state board meeting in which the petition will be considered and a copy of the petition.
(d) Prior to considering a boundary change petition, the department shall seek an advisory opinion from the Attorney General concerning the impact of the proposed boundary change on the effort of the state to assist a school district or districts in desegregation of the public schools of this state.
(e) All persons wishing to testify before the state board shall first be placed under oath by the Chair of the State Board of Education.
(f)
1. (1) The spokesperson for the petitioning school districts shall have a total of fifteen (15) minutes to present the school districts’ argument in favor of a boundary change.
2. (2) The state board may allow more than fifteen (15) minutes if necessary.
(g)
1. (1) The spokesperson for each additional school district affected by the boundary change proposal shall have a total of fifteen (15) minutes to present the school districts’ position on the proposal.
2. (2) The state board may allow more than fifteen (15) minutes if necessary.
(h)
1. (1) The spokesperson or spokespersons for the petitioning school districts shall have a total of five (5) minutes to present closing remarks to the state board.
2. (2) The state board may allow more than five (5) minutes if necessary.
(i) The state board may allow public comment by other interested parties at its discretion and for a time period to be determined by the state board.
(j) The state board shall then discuss, deliberate, and vote upon the matter of proposed boundary change.
(k) When resolving a boundary change petition, the state board may:
1. (1) Grant the petition in its entirety;
2. (2) Deny the petition in its entirety;
3. (3) Grant the petition to modify the districts boundary creating a new boundary other than the boundary proposed in the petition;
4. (4) Dismiss the petition for failure to satisfy the procedural requirements in 6 CAR §§ 231-601 and 231-602; and
5. (5) Take the matter under advisement and announce its decision at a later date, provided that all discussions, deliberations, and votes upon the matter take place in a public hearing.
(l) The state board shall issue a written order concerning the matter.