§ 70-7-101. Boundaries - Petition or resolution to change - Election.

A.  Except as otherwise provided for in Section 7-105 of this title for conditional consolidated school districts, the territory comprising all or part of a school district may be annexed to another school district or to two or more districts, when approved at an annexation election called by the State Superintendent of Public Instruction, but except as provided in subsection B of this section, an annexation election may not be held unless the boards of education of the affected districts concur therein.  Provided, that such concurrence of the boards of education affected shall not be required in cases of mandatory annexation by the State Board of Education:

1.  In pursuance of a petition for annexation signed by a majority of the school district electors in the territory proposed to be annexed, hereinafter referred to as the area affected, said majority being applied to the highest number of voters voting in a regular school district 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 as provided in this section; or

2.  In pursuance of a resolution adopted by the board of education of the district in which the area affected is situated.

B.  An annexation election shall be called by the State Superintendent of Public Instruction without the concurrence of the board of education of the school district which is proposed to be annexed, upon the filing of a petition with the State Superintendent of Public Instruction for annexation that is signed by a majority of the school district electors in the territory proposed to be annexed, hereinafter referred to as the area affected, said majority being applied to the highest number of voters voting in a regular school district 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.  The petition shall contain such information as the State Superintendent of Public Instruction may require.

C.  Annexation elections held pursuant to this section shall be conducted pursuant to the following procedures:

1.  Such election shall be held not less than sixty (60) days nor more than ninety (90) days after the State Superintendent of Public Instruction receives such petition, at some public place in the school district in which the area affected is situated, between the hours of 7 a.m. and 7 p.m., and notice thereof shall be given by the State Superintendent of Public Instruction in the same manner as notice of special elections of the school district electors of school districts is given, provided, that the State Superintendent of Public Instruction shall not be required to call an election for the purpose of annexing a part of a school district more than once during any twelve-month period.  Such elections shall be conducted by the county election board;

2.  The annexation shall be approved by a majority of the school district electors voting at such election:

a.of an entire school district, or

b.if a majority of the members of a board of education of a school district losing the territory concur with the petitioners, or resolution, only the legal voters of the area so affected shall be eligible to vote at such election, or

c.if the affected area is part of a school district with thirty thousand (30,000) or more average daily membership, if the boundaries of the affected area is not contiguous with the boundaries of the rest of the district, and if the boundary of the noncontiguous affected area is a least two (2) miles from the nearest boundary of the rest of the district, only the legal voters of the area so affected shall be eligible to vote at such election.  Provided, if there is an incorporated city located wholly within the separate noncontiguous affected area, the annexation election being held shall not effect the area within the boundaries of the incorporated area unless a majority of the school district electors within the boundaries of the incorporated area also file a petition requesting annexation as required in subsection B of this section.

If the area proposed to be annexed constitutes less than two percent (2%) of the total area of the school district in which such area is located, and there are no qualified electors residing in such area, no election shall be held.  In such instance the board of education of the school district wherein the area proposed to be annexed is located and the board of education of the school district to which such area is proposed to be annexed shall each adopt a resolution approving such annexation and shall transmit certified copies of both resolutions to the State Superintendent of Public Instruction who shall, within five (5) days after receiving copies of such resolutions, make an order declaring the annexation as approved in the resolutions.  Copies of the annexation order shall be transmitted to the State Board of Education, Oklahoma Tax Commission, county clerk, county treasurer, county assessor and to the boards of education of the school districts involved;

3.  The annexation shall be approved by a majority of the school district electors of the area affected, voting at such election, if the area affected is an area within a school district in which, as a result of condemnation proceedings by the federal government, a majority of the pupils of said area have attended school, for at least one school term, in the district to which the petition requests annexation;

4.  If the annexation of an entire district is approved, as provided for in this section, the State Superintendent of Public Instruction shall, within five (5) days after such election, issue an order declaring the annexation as requested in the petition or resolution for annexation to the State Board of Education, Oklahoma Tax Commission, county clerk, county treasurer and county assessor in each county in which any of the territory of the disorganized district lies, but the annexation shall not become effective until the time for filing an appeal, as hereinafter provided, has expired.  In the event a majority of the electors voting at such election do not vote for the annexation, the State Superintendent of Public Instruction shall, within five (5) days after such election, issue an order denying the annexation to the State Board of Education, Oklahoma Tax Commission, county clerk, county treasurer and county assessor in each county in which any of the territory of the disorganized district lies.  Within ten (10) days after the order of the State Superintendent of Public Instruction is issued, twenty-five percent (25%) of the school district electors who were eligible to vote at the annexation election may appeal to the district court of the county in which the territory proposed to be annexed, or the largest part thereof if such territory lies in more than one county, is situated, and thereafter all proceedings shall be stayed until the district court has rendered judgment.  The proceedings shall be given precedence over all other civil matters.  In the event the court issues a final order upholding a partial annexation, the effective date of said partial annexation shall be July 1 following the final order.  All pending annexation proceedings are hereby exempted from this act.  The State Board of Education shall be required to change the boundary lines as described in the declaration after all litigation has expired;

5.  Upon the effective date of the annexation of an entire school district to one or more school districts, the board of education of the school district whose territory was annexed shall be declared abolished by the State Superintendent of Public Instruction.  If a school district to which the territory was annexed currently has a five-member board of education, that school district board of education shall have the option of forming a seven-member board of education pursuant to the provisions of Section 5-107A of this title upon the effective date of the annexation; and

6.  If an independent district annexes to an elementary district not maintaining a high school, both boards of education are abolished.  The Governor shall appoint three members of the newly formed district to the board of education and these members shall appoint the remaining two members.

Added by Laws 1971, c. 281, § 7-101, eff. July 2, 1971.  Amended by Laws 1972, c. 215, § 1, emerg. eff. April 7, 1972; Laws 1974, c. 37, § 1, emerg. eff. April 13, 1974; Laws 1975, c. 73, § 1, emerg. eff. April 18, 1975; Laws 1977, c. 183, § 1, emerg. eff. June 8, 1977; Laws 1985, c. 193, § 7, eff. Nov. 1, 1985; Laws 1987, c. 154, § 1, eff. Nov. 1, 1987; Laws 1990, c. 257, § 7, eff. July 1, 1990; Laws 1991, c. 3, § 8, eff. July 1, 1991; Laws 1992, c. 324, § 11, eff. July 1, 1992; Laws 1993, c. 316, § 15, eff. Sept. 1, 1993; Laws 1994, c. 71, § 1, emerg. eff. April 15, 1994; Laws 1997, c. 332, § 1, eff. July 1, 1997; Laws 1999, c. 300, § 1, eff. July 1, 1999.

Note

NOTE:  Laws 1993, c. 239, § 31 repealed by Laws 1994, c. 71, § 2, emerg. eff. April 15, 1994.