20-6-320. Transfer of territory from one high school district to another. (1) A majority of registered electors of a high school district who reside in territory that is a part of a high school district may petition the county superintendent to transfer the territory in which they reside to another high school district if:
     (a) the territory to be transferred is contiguous to the high school district to which it is to be attached;
     (b) the territory to be transferred is not located within 3 miles, over the shortest practical route, of an operating school of the high school district from which it is to be detached;
     (c) the transfer of the territory will not reduce the taxable value of the district to less than $300,000 unless the remaining territory of the high school district contains not less than 50,000 acres of nontaxable Indian land;
     (d) the board of trustees of the school district that would receive the territory has approved in writing the transfer; and
     (e) the territory proposed to be transferred to another high school district has not been included in a petition filed under this section in the previous 3 years.
     (2) The petition must be addressed to the county superintendent and must:
     (a) provide a legal description of the territory that is requested to be transferred and a description of the high school district to which it is to be transferred;
     (b) state the reasons why the transfer is requested;
     (c) state the number of high-school-age children residing in the territory; and
     (d) be accompanied by a $50 nonrefundable filing fee.
     (3) A petition that meets the criteria specified in subsection (1) and that contains all the information required by subsection (2) is a valid petition. On receipt of a valid petition for a territory transfer, the county superintendent shall:
     (a) present the petition to the board of county commissioners for certification that the criteria set forth in subsection (1) have been met. The board shall, within 10 days of receiving the petition, return it to the county superintendent with certification, signed by a majority of the board, that the criteria have been met or with a notation, signed by a majority of the board, that the criteria have not been met. The board's certification is binding on the county superintendent unless the county superintendent believes that the certification is in error. A dispute between the board and the county superintendent on this issue must be decided by the superintendent of public instruction and the decision of the superintendent of public instruction on the matter is final.
     (b) file the petition as certified by the board of county commissioners.
     (4) If the petition is certified or adjusted on appeal to the superintendent of public instruction to meet the criteria specified in subsection (1), the county superintendent shall:
     (a) set a hearing place, date, and time for consideration of the petition that is not more than 40 days after receipt of the petition; and
     (b) give notice of the place, date, and time of the hearing. The notices must be posted in the high school districts affected by the petition for the territory transfer in the manner prescribed in this title for school elections, with at least one notice posted in the territory to be transferred.
     (5) The county superintendent shall conduct the hearing as scheduled in accordance with the rules of procedure adopted by the superintendent of public instruction pursuant to 20-3-107(3), and any resident, taxpayer, or representative of either affected high school district must be heard.
     (6) Within 30 days after the hearing, the county superintendent shall, after considering the testimony and exhibits presented at the hearing, issue findings of fact, conclusions of law, and an order. The county superintendent shall grant or deny the requested transfer of territory. The decision must be based on the effects that the transfer would have on those residing in the territory proposed for transfer as well as those residing in the remaining territory of the high school district.
     (7) The decision of the county superintendent is final 30 days after its date unless it is appealed pursuant to 20-3-107 to the superintendent of public instruction by a resident, taxpayer, or representative of either high school district affected by the petitioned territory transfer. The decision of the superintendent of public instruction, after consideration of the record from the county superintendent's hearing, is final 30 days after its date. The final order of the superintendent of public instruction is subject to judicial review pursuant to the Montana Administrative Procedure Act, Title 2, chapter 4.
     (8) If a petition to transfer territory from one high school district to another high school district would create a joint high school district or affect the boundary of any existing joint high school district, the petition must be presented to the county superintendent of the county where the territory proposed for transfer is located. The county superintendent shall notify any other county superintendents of counties with districts affected by the petition, and the duties prescribed in this section for the county superintendent must be performed jointly by such county officials.

     History: En. Sec. 7, Ch. 617, L. 1983; amd. Sec. 1, Ch. 299, L. 1987; amd. Sec. 2, Ch. 517, L. 1991.