Colorado § 22-30-115 - Hearing on a plan of organization.

§ 22-30-115. Hearing on a plan of organization.

(1) When a plan of organization has been tentatively agreed upon by the committee, the proposed plan of organization with the attached map and legal description of the proposed boundaries of each school district affected by the proposed plan of organization shall be filed with the commissioner and each affected board of education.

(2) (a) Within fifteen days after the filing of the proposed plan of organization, the committee shall give notice of the filing of such plan of organization, map, and legal description by publication of said fact in a newspaper of general circulation in each area affected by the proposed plan of organization and by causing to be posted a copy of said notice upon each public school building in which school was held during any part of the preceding twelve months and that is located within the boundaries of any area affected by the plan of organization. If there is no newspaper of general circulation in the communities affected by the proposed plan of organization, posting of public notice as provided in this subsection (2) shall be sufficient. Such public notice shall give the time and place of any meeting to be held within thirty days by the committee for hearings on such proposed plan of organization. The committee shall hold a sufficient number of hearings to enable the residents of the affected area to receive adequate information and details of the plan of organization being considered. Any interested person may appear at such hearings and make comments on the proposed plan of organization.

(b) Notwithstanding the provisions concerning the posting of notice in public schools in paragraph (a) of this subsection (2), if there are no public schools within the boundaries of an area proposed to be detached and either annexed or organized into a new school district, public notice of the meeting shall be posted in at least three public buildings located in such area. If there are fewer than three public buildings located in such area, notice shall be mailed to each household in such area in which one or more eligible electors reside.

Source: L. 92: Entire article R&RE, p. 503, § 1, effective June 1. L. 96: Entire section amended, p. 55, § 5, effective July 1.

Editor's note: This section is similar to former § 22-30-115 as it existed prior to 1992.

ANNOTATION

Annotator's note. Since § 22-30-115 is similar to repealed § 123-25-15, C.R.S. 1963, a relevant case construing that provision has been included in the annotations to this section.

Planning committee may modify its plan subsequent to hearings. The act does not prohibit a planning committee's modification of its plan subsequent to the public hearings. Sch. Dist. No. 1 v. Sch. Planning Comm., 164 Colo. 541, 437 P.2d 787 (1968).

The purpose of the hearing is so that the committee can be informed of changes in the reorganization plan deemed necessary or desirable by persons directly affected. Sch. Dist. No. 1 v. Sch. Planning Comm., 164 Colo. 541, 437 P.2d 787 (1968).

Disclosure to the electorate of a committee's changes is assured by means other than hearings, namely the "meetings to explain" called for by § 22-30-119. Sch. Dist. No. 1 v. Sch. Planning Comm., 164 Colo. 541, 437 P.2d 787 (1968).