Okla. Stat. tit. 70, § 70-7-105

entire territory – Plan of action – Conditional consolidation -

Election - Initial board for new district - New district legal

successor.

A. Two or more school districts may, whether adjacent or not

adjacent, be consolidated into a single school district in

accordance with standards, rules and procedures to be determined by

the State Board of Education. When the consolidation of two or more

school districts is proposed, the State Board of Education shall

conduct such studies of the populations, wealth, terrain, trade

areas and other factors as may be necessary to determine the

location of boundaries and the size of a proposed district which

will most nearly ensure an efficient and economical administrative

unit. The State Board of Education shall furnish the boards of

education of the school districts which might be involved

information and advice as to where the boundaries and what the size

of the proposed new district should be. Nothing herein shall be

construed to prevent the inclusion within a school district of

territory lying within the boundaries of two or more counties.

B. Ten percent (10%) of the qualified school electors in any

district may petition the board of education of such district to

request such information, or a board of education of such district

may on its own initiative ask for information and advice from the

State Board of Education on the educational advantages and

disadvantages of proposed consolidation to the children and

residents of the area which might be affected. Upon the receipt of

such a petition, the local board of education shall request the

services of the State Board of Education and shall notify the boards

of education in adjacent school districts that such a request has

been made. The State Board of Education may on its own initiative

make the study herein authorized of any area of the state and direct

the board of education of such school districts as might be involved

to set into operation in their districts the procedure for

determining what, if any, consolidation should be carried on in the

area under study.

C. Any rules or procedures which the State Board of Education

may prescribe for consolidation of school districts shall include

the opportunity for the qualified school electors in the school

districts involved to express their wishes through a majority vote

of the school electors in the entire territory involved.

D. Prior to an election for consolidation, the boards of

education of the school districts involved may develop a plan which

shall set forth the actions to be taken during and after

consolidation. The plan of action shall include agreements relating

to school site closing, disposition and utilization of property and

equipment and such other agreements as may be necessary to

Oklahoma Statutes - Title 70. Schools Page 483

facilitate the consolidation of the school districts. The plan of

action shall also include provisions related to the technology

center school district the newly formed district will be a part of

which are consistent with the State Board of Career and Technology

Education rules. The plan shall be placed on a separate ballot and

voted on by the qualified school electors of each district at the

time of the consolidation election. Both the plan and consolidation

questions must be approved by a majority vote for the plan to take

effect. The plan shall be binding on the board of education of the

newly formed district for at least three (3) years; provided, any

provisions related to the expenditure of appropriated money shall

not be binding beyond the current fiscal year. The newly formed

district may alter or disregard the plan only if there is a

significant change in circumstances, including a significant drop in

revenue to the district or in student enrollment.

E. Two or more school districts may be consolidated into a

single school district on a conditional basis. If the voters
ure of appropriated money shall

not be binding beyond the current fiscal year. The newly formed

district may alter or disregard the plan only if there is a

significant change in circumstances, including a significant drop in

revenue to the district or in student enrollment.

E. Two or more school districts may be consolidated into a

single school district on a conditional basis. If the voters

approve conditional consolidation of the school districts at an

election for such purpose in accordance with the procedures set

forth in this section, the newly formed school district shall be

considered consolidated and shall go through the same procedure and

meet the same requirements as any consolidated school district.

Under a conditional consolidation plan, any subsequent decision to

consolidate the new school district or annex all or part of the new

school district, shall first be approved by a majority of the

electors, voting at such election, of each of the original school

districts. If one or more of the original school districts

disapproves the subsequent consolidation or annexation plan, the

plan shall not be approved. If all of the original school districts

approve the subsequent consolidation or annexation plan, the plan

shall be approved and thereafter, any further consolidation or

annexation shall be subject to approval of the electors of all of

the school districts as a whole. The original school district shall

mean only the districts which independently voted to join the

conditionally consolidated district.

F. An election for such purpose shall be held either upon:

1. A petition for consolidation or conditional consolidation,

signed by forty percent (40%) of the school district electors of

each school district included in the proposed consolidation, or

conditional consolidation said percentage being applied to the

highest number of voters voting in a regular school election in the

district in the preceding five (5) years as determined by the

secretary of the county election board, who shall certify the

adequacy of the number of signatures on the petition; or

2. The concurrence of the boards of education of the school

districts included in the proposed consolidation or conditional

consolidation, as shown by a resolution adopted by each board.

Oklahoma Statutes - Title 70. Schools Page 484

The election shall be called by the State Board of Education and

conducted in accordance with the general election laws of this

state. Any vote to consolidate two or more districts, shall require

a majority vote of those voting in each school district involved.

When such a majority vote is in favor of consolidation or

conditional consolidation, the State Board of Education shall

declare the participating school districts dissolved and the new

school district established, and the newly formed district shall

thereupon be governed by the provisions of the Oklahoma School Code.

G. The State Superintendent of Public Instruction or designee

shall convene the members of the boards of the districts forming the

new district, who shall be given the opportunity of selecting from

among themselves the initial board of education for the new

district, selecting the number of members and designating the

initial terms of service of each as required to conform to law;

provided, the members convened shall have the option of forming a

seven-member board pursuant to the provisions of Section 5-107A of

this title rather than a board of the size otherwise provided by law

and shall have the option of temporarily increasing the number of

board positions for the new district by two positions per

consolidating district for the first two (2) years following

consolidation. The temporary positions will be filled by

appointment by the board. The temporary board positions shall be

abolished two (2) years from the effective date of consolidation.
rwise provided by law

and shall have the option of temporarily increasing the number of

board positions for the new district by two positions per

consolidating district for the first two (2) years following

consolidation. The temporary positions will be filled by

appointment by the board. The temporary board positions shall be

abolished two (2) years from the effective date of consolidation.

Within ten (10) days following the declaration of establishment of

the new district, the State Superintendent or designee shall declare

the agreement or shall declare that such agreement has not been

reached, in which case persons serving as members of the board of

education of the participating district having the largest number of

enumerated children as shown by the last regular enumeration shall

serve as members of the board of education of the newly formed

district for the terms for which they were elected and until their

successors have been duly elected or appointed and have qualified.

H. All liabilities, assets, powers and duties of the

participating districts shall become the responsibility of the new

school district, which district shall be the legal successor in

every respect to the school districts participating in the

consolidation or conditional consolidation in accordance with law.