(a) Whenever a county board of education and the city board or boards of education in the county shall deem it advisable to consolidate the administration of their respective systems under the county board of education and shall reach an agreement to that effect through resolutions adopted by and recorded in the minutes of each board, which agreement shall provide for the payment of their respective indebtedness, said consolidation shall be made to become effective at the time designated in the resolutions providing for such consolidation; provided, that, if within 30 days after the adoption of said resolutions 25 percent of the qualified electors of the territory covered by either of the school systems concerned shall submit a protest in writing, the consolidation procedure shall be as follows:
(1) REQUEST FOR REFERENDUM. The boards concerned shall adopt resolutions asking for a referendum on the proposed consolidation; whereupon the chairman of each board shall certify to the judge of probate a copy of the agreement and of the resolution adopted by his board.
(2) ORDER OF ELECTION. Upon receipt by the judge of probate of certified copies of the agreement and resolutions, adopted as provided herein, he shall forthwith present them to the county commission, which shall order elections to be held simultaneously in the territories concerned and at the time requested by said boards, to determine whether or not the school system of the county and the school system or systems of the city or cities shall be administered by the county board of education.
(3) NOTICE OF ELECTION. At least 30 days before the elections are held, the sheriff shall give notice of the time and the purpose of the elections by publication in some newspaper in the county, if any is published therein and, if not, by writing posted at the courthouse and at three other public places in each school system concerned.
(4) APPOINTMENT, COMPENSATION AND DUTIES OF ELECTION OFFICERS. The officers of the elections shall be appointed, the elections shall be held and the results shall be declared as in regular elections for county or city officers; provided, that the elections may be held at the time of any regular election and, in that event, the officers of the general election shall serve without extra compensation. If the elections are held at a time other than that fixed for a regular election, the officers shall receive the same pay for a general election.
(5) BALLOTS FOR ELECTION. The ballots shall have printed at the top a statement of the purpose of the elections and directly underneath, in plain type and on different lines, the words, "For Consolidation," "Against Consolidation." The voter favoring the proposed consolidation will make a cross mark directly to the left of the words "For Consolidation," and the voter not in favor of the proposed consolidation will make a cross mark directly to the left of the words "Against Consolidation."
(6) WHO MAY VOTE; RESULT OF ELECTION. All qualified electors residing in the territories concerned shall have the right to vote and, if a majority of the qualified electors voting in the combined territories concerned shall vote in favor of the consolidation, the city board or boards of education shall stand abolished and thereafter the schools of the county and the schools of the city or cities involved shall be administered by the county board of education.
(b) 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. On the contrary, the agreement as to indebtedness shall be binding on both the county board of education and the board or boards of education of the city or cities whose school systems are consolidated; provided, that in the event of a consolidation, the county board of education shall have the right to compel the execution of contractual obligations made to either of the boards prior to consolidation.
Structure Code of Alabama
Chapter 8 - County Boards of Education.
Section 16-8-1 - Composition; Election; Single Member Election Districts; Qualifications.
Section 16-8-2 - When Members Elected; Terms of Office; Oath of Office.
Section 16-8-3 - Special Annual Public Meeting; Notice.
Section 16-8-4 - Organizational, Regular and Special Meetings; Rules of Procedure; Majority Vote.
Section 16-8-5 - Compensation.
Section 16-8-7 - Appointment, Duties and Bond of Superintendent as Secretary of Board.
Section 16-8-8 - Administration and Supervision of Schools Generally.
Section 16-8-9 - Exercise of Supervision of Schools.
Section 16-8-11 - Uniform System of Schools Maintained.
Section 16-8-12 - Property Vested in County Board; Permissible Conveyance.
Section 16-8-12.1 - Authority to Enter Into Cooperative Agreements, Programs, Etc.
Section 16-8-13 - Consolidation of Schools - Authority.
Section 16-8-14 - Consolidation of Schools - in Two Counties - Authority.
Section 16-8-15 - Consolidation of Schools - in Two Counties - Control.
Section 16-8-16 - Consolidation of Schools - in Two Counties - Apportionment of Funds.
Section 16-8-17 - Consolidation of Schools - County and City Systems.
Section 16-8-19 - Joint Maintenance of Schools - State-Line Schools.
Section 16-8-22 - Annexing to City Territory Embracing Schools - Hearing by Board of Arbitration.
Section 16-8-23 - Appointment and Removal of Teachers.
Section 16-8-24 - Full-Time Employment of Teachers by County Board.
Section 16-8-25 - Vacations and Leaves of Absence.
Section 16-8-26.1 - Personal Leave for Support Personnel; Funding.
Section 16-8-27 - Transportation of Employees.
Section 16-8-28 - Courses of Study.
Section 16-8-29 - Schools Graded and Standardized.
Section 16-8-30 - Uniform Opening Date of Schools.
Section 16-8-31 - Quadrennial School Census.
Section 16-8-32 - Census Enumerators.
Section 16-8-33 - Custodian of County School Funds.
Section 16-8-34 - Compulsory School Attendance Districts.
Section 16-8-35 - Conditions of Promotion of Pupils.
Section 16-8-36 - Grades Included in Public Schools.
Section 16-8-37 - Annual Report Published.
Section 16-8-38 - Forms of Reports May Be Prescribed.
Section 16-8-39 - Reports by County Board to State Board.
Section 16-8-40 - Acquisition of Property; Right to Sue and Contract; Execution of Process.
Section 16-8-42 - Insurance on Schools.
Section 16-8-42.1 - Authority for Risk Management Cooperative.