Section 53G-3-301 - Creation of new school district - Initiation of process - Procedures to be followed(1) A new school district may be created from one or more existing school districts, as provided in this chapter.(2) The process to create a new school district may be initiated: (a) through a citizens' petition in accordance with Section 53G-3-301.1;(b) at the request of a municipality within the boundaries of the school district in accordance with Section 53G-3-301.3; or(c) at the request of interlocal agreement participants in accordance with Section 53G-3-301.4.(3) Except as provided in Sections 53G-3-301.3 and 53G-3-301.4, a request or petition under Subsection (2) may not form a new school district unless the new school district boundaries: (b) do not create an isolated area, as defined in Section 53G-3-102; and(c) include the entire boundaries of each participant municipality or town.(4) For each new school district, each county legislative body shall comply with the notice and plat filing requirements of Section 53G-3-203.(5) If a new school district is created, the new district shall reimburse the reorganized new district's documented costs to study and implement the proposal in proportion to the student population of each school district.(6) An inadequacy of a feasibility study, as defined in Section 53G-3-102, may not be the basis of a legal action or other challenge to:(a) an election for voter approval of the creation of a new school district; or(b) the creation of the new school district.(7) Notwithstanding the creation of a new district as provided in this part: (a) a new school district and a reorganized new school district may not begin to provide educational services to the area within the new school district and reorganized new school district until July 1 of the second calendar year following the local school board election date as described in Section 53G-3-301.1, 53G-3-301.3, or 53G-3-301.4; and(b) the divided school district shall continue, until the time specified in Subsection (7)(a), to provide educational services within the entire area covered by the divided school district.(8) A new school district and a reorganized new school district shall enter into a shared services agreement that permits students residing in each new school district access to attend a school that serves students with disabilities within or outside of each school district boundary:(a) for up to five years;(b) for actual costs of services provided to students; and(c) without affecting services provided to other students.(9) The process described in Subsection (2) may not be initiated more than once during any two-year period.Amended by Chapter 3, 2024SP3 General Session ,§ 13, eff. 6/21/2024, retrospective operation to May 2, 2024.Amended by Chapter 526, 2024 General Session ,§ 6, eff. 5/1/2024.Amended by Chapter 116, 2023 General Session ,§ 47, eff. 5/3/2023.Amended by Chapter 293, 2019 General Session ,§ 2, eff. 5/14/2019.Renumbered from § 53A-2-118 and amended by Chapter 3, 2018 General Session ,§ 16, eff. 1/24/2018.Amended by Chapter 91, 2017 General Session ,§ 16, eff. 5/9/2017.Amended by Chapter 230, 2010 General Session.