15-1403. Procedure to form a district; exception

A. For the purpose of forming a district, not less than ten per cent of the qualified electors in the territory included in the proposed district, or where a district consists of more than one county not less than ten per cent of the qualified electors in each county, shall petition the county school superintendent for the establishment of the district.  Where a district consists of more than one county, the signatures of the qualified electors on the petition shall be submitted to the county school superintendent of the county of which the qualified electors are residents, provided that the county school superintendent of the county with the larger population, as determined by the most recent federal census, shall be the custodian of the completed petition. The petition shall set forth the name of the proposed district and its boundaries. The county school superintendent shall verify the signatures thereon, provided that whenever a proposed district consists of more than one county the county school superintendent of the county with the least population shall verify the signatures on the petition from that county prior to submitting the petition to the county school superintendent of the county with the larger population.

B. The county school superintendent who is the custodian of the completed petition shall transmit the petition to the county board of supervisors, or if the district consists of more than one county, to the county board of supervisors of the county with the largest population, which shall determine whether the proposed district meets the minimum standards of assessed valuation and population as provided in section 15-1402.

C. If the county board of supervisors determines that the proposed district meets the minimum standards of assessed valuation and population prescribed in subsection B of this section, the county, or counties, shall call and conduct an election, as prescribed in this article. If the majority of the votes cast in the proposed district, consisting of one county, favor the formation of the district, such a district is deemed to be formed, as provided in section 15-1404.  Where the proposed district consists of more than one county, there shall be a majority of the votes cast in each county favoring the formation of the district before the district is deemed to be formed, as provided in section 15-1404.

D. This section does not apply to community college districts organized pursuant to section 15-1402.01.