SUMMARY:  LC 28 7330ER  Proposes an amendment to the state Constitution which would allow the creation of new school systems by municipalities.  

POINTS TO CONSIDER:  

• The resolution would have to pass both the House and Senate by 2/3 majorities and then be approved by the voters.
• Enabling legislation would be needed to implement provisions of the amendment.
• The amendment refers to 'independent school systems' and defines the term as a school system operated under the control and management of a board of education of a municipality or other political subdivision of the state other than a county school district.  This definition appears to open the door to allow other entities (special taxing districts, conservation districts, authorities, other public bodies created under state law) to create new school districts.

"Political subdivision" means the state or any local subdivision of the state or public instrumentality or public corporate body created by or under authority of state law, including, but not limited to, municipalities, counties, school districts, special taxing districts, conservation districts, authorities, and any other state or local public instrumentality or corporation which has the right to bring and defend actions or to issue its bonds or other obligations as evidence of indebtedness under any provision of law and also means any corporate or other entity which leases a public improvement to such political subdivision; and the term also means the governing body of such political subdivision and its members and officers in their official capacity. 

EFFECTIVE DATE:  Upon approval by 2/3 of both houses of the General Assembly, approval by the voters, and approval of enabling legislation by the General Assembly and Governor.