Alabama § 16-11-28

§ 16-11-28.

(a) Whenever two or more contiguous city boards of education deem it advisable to consolidate the administration of their respective city school systems under one remaining controlling multi-city board of education, each city board of education shall adopt and record within the minutes of each board an agreement providing for the consolidation. A formal resolution adopted by all members of the agreeing boards shall detail and provide for the payment of their respective indebtedness, specify how the consolidation will take place, identify how the remaining controlling multi-city board of education will operate, provide for the roles and duties of the resulting multi-city board members, and designate the time frame during which the consolidation will be implemented. Subject to subsection (b), the consolidation shall be finalized as designated in the formal resolution.

(b)(1) If, within 30 days after the adoption of the formal resolution, 25 percent of the qualified electors residing within the boundaries of any of the school systems proposing consolidation submit a protest, in writing, to any of the affected city boards of education, the consolidation may not occur unless the consolidation is approved by a majority of the qualified electors residing in the combined territory wherein all affected city school systems are located who vote in a referendum election as provided in this subsection.

(2) The referendum election shall be held on the date of the next regularly scheduled general election. The order setting the election shall be entered by the judge of probate of each county in which an affected city school system is located within one month after the expiration of the 30-day time period provided in subdivision (1).

(3) At least 30 days before the referendum elections are scheduled to be held, the sheriff of each county in which an affected city school system is located shall give notice of the election.

(4) The elections shall be held and the results shall be canvassed in the same manner as regular elections for city officers.

(5) The ballots shall have printed at the top a statement of the purpose of the referendum elections and directly underneath, in plain type and on different lines, the words, “For Consolidation” and “Against Consolidation”.

(6) If a majority of the qualified electors voting in the combined territory of the affected city school systems vote to approve the consolidation, the consolidation shall be finalized as designated in the formal resolution.

(c) The consolidation shall not operate to relieve any board of education or other governing body of liability for obligations previously incurred or to impair rights existing prior to the consolidation. The agreement and formal resolution shall be binding on all parties. If a consolidation occurs, the multi-city board of education shall have the right to compel the execution of contractual obligations made to any of the boards before the consolidation.

(d) The State Board of Education shall adopt rules as necessary to provide for the implementation of this section.