2023 Colorado Revised Statutes › Title 22 - EDUCATION (§§ 22-1-101 — 22-108-109) › SCHOOL DISTRICTS (§§ 22-30-101 — 22-38-115) › Article 30 - School District Organization Act of 1992 (§§ 22-30-101 — 22-30-202) › Part 1 - NEW OR ANNEXING SCHOOL DISTRICT ORGANIZATION (§§ 22-30-101 — 22-30-129) › Section 22-30-114 - Requirements for plan of organization

(1)
The plan of organization must include, but need not be limited to, consideration of the following:
(a)
The educational needs of pupils in the affected school districts, including the convenience and welfare of pupils;
(b)
The provision of diverse educational opportunities for students;
(c)
Equalization of the educational opportunities provided to students in the affected school districts;
(d)
Implementation of the actions required by the state board pursuant to section
22-11-209 (3)
;
(d.5)
The reasons for which the school district was unable to improve its performance sufficiently to avoid removal of accreditation pursuant to section
22-11-209
;
(e)
Facility utilization;
(f)
Establishment of boundaries for all existing or new school districts in the plan of organization by legal description;
(g)
Equitable adjustment and distribution of all or any part of the properties and cash assets of the school districts whose boundaries may be affected by the creation or dissolution of a school district or by the detachment and annexation of territory. The plan of organization may also provide for equitable adjustment of the liabilities of the school districts, other than bonded indebtedness, at the option of the committee. In considering an equitable adjustment of the assets of such school districts, the committee shall consider the outstanding general liabilities and obligations of the school districts that may be so affected, the number of children attending public school in each such school district, the valuation for assessment of taxable property in each such school district, the amount of outstanding bonded indebtedness of each such school district, the purpose for which such bonded indebtedness was incurred, and the value, location, and disposition of all real properties located in the school districts that may be affected by the creation or dissolution of a school district or the detachment and annexation of territory. In considering an equitable adjustment of the assets of such school districts, the plan of organization may provide for authorization of new bonded indebtedness or assumption of outstanding bonded indebtedness by any school district in such proportions and for such purposes as the committee deems appropriate to equitably adjust and distribute such assets.
(h)
Provision of a specific plan of representation for the members of the board of education of any proposed new school district. Each proposed new school district may be subdivided into five or seven director school districts or may have all directors elected at large or may have a combination thereof. The term of office of school directors in each proposed new school district shall be for four years.
(i)
Dates for one or more special school district elections to address the following:
(I)
Adoption of the final approved plan of organization;
(II)
Election of a board of directors if the plan of organization results in the creation of a new school district; except that such plan shall not interfere with the regular biennial election schedule; and
(III)
Financial issues, if necessary, including but not limited to an increase in the mill levy, which election shall be held in accordance with the requirements of section 20 of article X of the state constitution;
(j)
If the plan of organization results in the creation of a new school district, the estimated maximum increase in the mill levy to be imposed on property included within the new district considering the factors enumerated in section
22-54-106 (2)(c)
or (2.1)(e), whichever is applicable. If the plan of organization results in the detachment and annexation of territory between existing school districts, the plan of organization must include the mill levy of the annexing district that will be imposed on the affected territory.
(k)
If the plan of organization results in the creation of a new school district, a source of operating funds to be used by the new school district prior to receiving the state share of the total district program pursuant to the "Public School Finance Act of 2025", article 54 of this title 22, on July 1 of the new school district's first budget year.
(1.5)
The plan of organization shall provide that all school districts affected by the plan of organization shall provide a full twelve-grade education within the boundaries of each affected school district.
(2)
If the plan of organization results in the dissolution of a school district which has outstanding bonded indebtedness obligations or liabilities, the plan of organization shall designate a new school district, which includes at least a portion of the dissolved school district, as a successor for the purpose of administering payment of the bonded indebtedness obligations of the dissolved school district, and the board of education of the new school district so designated shall have all the powers, rights, duties, and responsibilities of the board of education of the dissolved school district for administering payment of the outstanding bonded indebtedness obligations and liabilities of the dissolved school district. All revenues which accrue from the tax levies to satisfy said obligations and liabilities, and all interest which may accrue thereto as a result of investments authorized by law, shall be held in trust by the board of education of the new school district so designated for the purpose only of satisfying said bonded indebtedness obligations and liabilities of the dissolved school district.
(3)
If the reorganization results in the creation of one or more additional school districts within the boundaries of an existing school district, the plan of organization may include:
(a)
Authorization for the existing school district and the new school district or districts to enter into a revenue sharing agreement. The plan of organization shall specify the period of time during which revenue sharing may occur.
(b)
Provisions for creation of a joint taxation district as provided in part 2 of this article.
(4)
If the plan of organization results in creation of one or more new school districts or alterations of the boundaries of existing school districts, the plan shall ensure that the school district boundaries are not set in such a way as to create any portion of a school district that is not contiguous to the remainder of the school district.
Amended by 2024 Ch. 236,§ 30, eff. 5/23/2024.
Amended by 2020 Ch. 197, § 34, eff. 6/30/2020.
L. 92: Entire article R&RE, p. 502, § 1, effective June 1. L. 94: (1)(g) amended, p. 1277, § 1, effective May 22. L. 96: (1) amended and (3) added, p. 53, § 4, effective July 1. L. 97: (1.5) added, p. 77, § 1, effective March 24. L. 98: (1)(d) amended and (1)(d.5) added, p. 989, § 8, effective July 1; (4) added, p. 432, § 3, effective August 5. L. 2009: (1)(d) and (1)(d.5) amended, (SB 09-163), ch. 1534, p. 1534, § 24, effective May 21. L. 2020: IP(1) and (1)(j) amended, (HB 20-1418), ch. 953, p. 953, § 34, effective June 30.
This section is similar to former § 22-30-113 as it existed prior to 1992.
For the legislative declaration in HB 20-1418, see section 1 of chapter 197, Session Laws of Colorado 2020.