15-447.01. Common school districts; offer of instruction in grade nine

A. Before a common school district offers instruction in grade nine pursuant to section 15-901, subsection A, paragraph 3, subdivision (b), the common school district governing board shall:

1. Conduct a preliminary vote at a public meeting to consider the question of offering instruction in grade nine.

2. Send a letter expressing the common school district's interest in offering instruction in grade nine to the union high school district or the unified school district where a majority of the common school pupils would otherwise enroll in grade nine.

3. Hold a public hearing on the issue at least ninety days after the letter of interest is sent as prescribed in paragraph 2 of this subsection.

4. Conduct a final vote on the issue of offering instruction in grade nine. The final vote prescribed in this paragraph shall occur no later than January 15 of the school year that precedes the school year in which instruction in grade nine will first be offered and at least thirty days after the public hearing prescribed in paragraph 3 of this subsection.

B. Notwithstanding any other law, a common school district that offers instruction in grade nine pursuant to section 15-901, subsection A, paragraph 3, subdivision (b) may:

1. Conduct an election to exceed the revenue control limit as provided in sections 15-481 and 15-482 and use the weighted student count of pupils in grade nine as part of the calculation for the increase in the revenue control limit.

2. Use the count of pupils in grade nine to determine equalization assistance pursuant to section 15-971.

C. A common school district may not offer instruction in grade nine in a school facility where instruction is provided to pupils in kindergarten programs and grades one through six, or any combination of kindergarten instruction or grades one through six.