AG: Closing School Buildings

Upon request of the board, the superintendent shall present to the board plans for efficient use of all school attendance centers.

Building Closure Process

The board, by adoption of a resolution, may close any school building at any time it determines the closure would improve the school system of the district. The board may close more than one school building in one resolution. Such a resolution shall require a majority vote of the members of the board and shall require no other approval.

Prior to adopting a resolution closing any school building, the board shall call and hold a hearing on the proposal. The notice of such hearing shall include the reasons for the proposed closing, the name of any affected school building, and the name of any school building to which the involved students shall be reassigned. Such notice also shall include the time, date, and place of the public hearing to be held on the proposal. Such notice shall be published at least once each week for two consecutive weeks in a newspaper of general circulation in the school district. The last publication shall be at least 10 but not more than 20 days prior to the date of the public hearing.

At any such hearing, the board shall hear testimony as to the advisability of the proposed closing, and a representative of the board shall present the board's proposal for such closing. Following the public hearing, or any continuation of such hearing, and after considering all of the testimony and evidence presented or submitted at the public hearing, the board shall determine whether the school building should be closed to improve the school system of the unified school district.

State Board Administrative Review

If a valid request is made not later than 45 days after the adoption of a resolution to close a school building or buildings, the state board of education shall conduct an administrative review of the resolution and issue an advisory determination, not later than 45 days after receipt of the request, to the school district that states whether the school district's resolution is reasonable under the totality of the circumstances.

Upon receipt of an advisory determination, including any advisory determination that the resolution is reasonable, the board of education of such school district shall reconsider such resolution. In reconsidering such resolution, the board of education shall hold a public hearing as provided in current law and may approve, modify and approve, or rescind such resolution upon the conclusion of such hearing.

No resolution adopted in regard to a school closing shall be effective until, at minimum, the 45-day time period has elapsed without a request for administrative review.