Idaho State Statutes - Idaho Attorney Directory

The board of trustees of each school
district shall have the following powers and duties:
1. Each elementary school district shall maintain at least one (1)
elementary school, and each other school district shall maintain at least one
(1) elementary school and one (1) secondary school;
2. To employ necessary help and labor to maintain and operate the schools
of the district;
3. To discontinue any school within the district whenever it shall find
such discontinuance to be in the best interests of the district and of the
pupils therein. For the purposes of this section, discontinuing a school shall
mean no longer maintaining a school of any kind, at the same location, except
in the case of secondary units as herein provided.
When any school proposed to be discontinued is one which was operated and
maintained by a former district now wholly incorporated within the boundaries
of the district operated by said board of trustees, and, immediately following
reorganization and the dissolution of said former district such school has
been continuously operated and maintained at the same location by the
presently organized district, the board of trustees must first give notice of
such proposal not later than the first day of July next preceding the date of
the proposed discontinuance. Such notice shall be posted, and published once,
in the manner provided in section 33-401, Idaho Code, and shall identify the
school proposed to be discontinued.
If, not later than the first day of August following the posting and
publishing of the notice of discontinuance, five (5) or more qualified school
district electors residing within the school district shall petition the board
of trustees for an election to be held within the school district on the
question of discontinuance of that school, the board of trustees shall
forthwith order an election to be held within fourteen (14) days of the date
of said order, and shall give notice of the election.
Notice of such election shall be posted at or near the main door of the
school proposed to be discontinued and at or near the main door of the
administrative offices of the school district, and shall also be published in
one (1) issue of a newspaper printed in the county in which is situate the
school proposed to be discontinued. The notice shall state the date the
election is to be held, the place of voting, and the hours between which the
polls shall be open. In addition, the notice of election shall describe the
area of the particular attendance unit of the school district and shall
identify the school proposed to be discontinued; and it shall state that only
qualified school district electors residing within the school district may
vote on the question of discontinuing the school.
The election shall be held within the school district and there shall be
submitted to the electors a ballot containing the proposal:
For discontinuing the school located at ....,
Against discontinuing the school located at .....
If a majority of the qualified electors, hereinabove defined and voting in
the election, shall vote against discontinuing that school, then said school
shall not be discontinued; and no proposal to discontinue the same school
shall be made by the board of trustees of the district within nine (9) months
after the date of the election.
If a secondary unit which the trustees of a district propose to close is
more than thirty (30) miles by all-weather road from the attendance unit to
which it is proposed to transfer such students, then, notwithstanding other
provisions of this section, five (5) electors residing within the attendance
area of the unit proposed to be closed may, as provided by this section,
petition the board of trustees requesting an election to determine whether or
not such attendance unit, or any portion of it, shall be closed. The board
shall forthwith call and hold an election as herein provided. However, for the
purpose of this section relating to the secondary attendance unit thirty (30)
miles or more distant from another secondary attendance unit, only the patrons
resident in this attendance area shall be eligible to vote, except for
attendance units, or portions of them, created after January 1, 2002, in which
case qualified school district electors throughout the school district shall
be eligible to vote. The election shall be deemed passed and the unit shall
not be closed if a majority of those voting in the election vote in favor of
retaining the attendance unit.

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