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Fractured: The Breakdown of America's School Districts

Introduction

A federal district court in Alabama recently issued a ruling that would allow a primarily white, middle-class section of Jefferson County to secede from its school district. The judgment, currently under stay until repeals are resolved, gave provisional approval for the town of Gardendale (indicated by the blinking purple dot in the map) to separate from their existing, diverse school district in order to form their own. The new Gardendale district would serve about 2,000 students, 22% of whom are nonwhite and only 7% of whom are poor. In Jefferson County, by contrast, a full fifth of students live in poverty, and the majority are nonwhite. The mayor of Gardendale was upfront with the press about the motivation for the split saying that it was about “keeping our tax dollars here with our kids, rather than sharing them with kids all over Jefferson County.”

Alabama makes it particularly easy for small towns to secede from a larger school district, but 30 states have processes codified in state law that allow for secession, some more permissive than others. Procedures range from only a majority vote in a small, breakaway neighborhood in some states to a multistep process involving a state agency or legislative approval in others.

The colored dots in the map show 71 communities that have attempted to secede from their school districts since 2000—a number that continues to grow. Of these, 47 communities (purple) have been successful at splitting from their districts, and another nine secessions (blue) are ongoing. Nine secession attempts that have been defeated are shown in red, and six inactive secession efforts are gray.

When lenient secession policies are combined with funding systems rooted in local property taxes, it creates a structure in which communities are incentivized to close themselves off—one in which the better-off are rewarded for lesser participation, often without consideration for either the efficiency of the system or for the welfare of the children left behind.

Click the navigation buttons to see examples of how communities across the country have seceded or are attempting to secede from their school districts. Click the US button to explore state secession policies. We begin with case studies from three states.

Case Study: Memphis, TN

	Student-age population	Student-age poverty rate	Percent nonwhite	Median property value
Shelby County	58,827	10.5%	48.4%	$201,800
Shelby County	171,345	32.6%	79.8%	$131,700
Shelby County	133,350	33.5%	91.8%	$130,800
Arlington	4,543	9.2%	25.3%	$214,700
Bartlett	10,820	10.9%	37.3%	$171,300
Collierville	10,083	8.0%	32.9%	$272,800
Germantown	7,118	6.6%	26.6%	$288,500
Lakeland	1,069	10.8%	20.7%	$236,800
Millington	2,923	19.7%	53.2%	$111,900
Memphis	117,393	35.1%	92.7%	$99,000

The Tennessee legislature rewrites state laws to help wealthy constituents secede.

The case of Memphis and Shelby County is an extreme example of how imbalanced political power, our locally-based school-funding system, and the allowability of secession can together be detrimental to our most vulnerable children. In 2014, six predominantly white and wealthy Tennessee suburbs broke away from the impoverished Shelby County school district—after nearly a decade’s struggle to keep their tax dollars from going toward students in the county seat of Memphis.

After busing for desegregation began in 1973, many of Memphis’ white and wealthy families fled to the surrounding suburbs of Shelby County, leaving the city disproportionately poor and nonwhite. Eventually, Memphis City Schools served a student population that was almost 93% nonwhite. It was surrounded by Shelby County Schools, a separate district where the student population was just over half white and where the median family income was nearly triple that of Memphis. There were some taxes, however, that were raised at a countywide level, meaning that the residents of Shelby County continued to financially support Memphis schools.

By 2008, the Shelby County School Board (which did not include Memphis at the time) began pursuing “special school district status.” This status would give the separate county district the authority to raise funds to stay within the suburban schools and potentially do away with the shared countywide property tax.

Such a move by the county district would have been disastrous for Memphis City Schools. Faced with impending financial peril, Memphis voted in late 2010 to dissolve its school district entirely, placing the city’s schools in the control—and taxing jurisdiction—of Shelby County.

In reaction, the suburbs voted to separate themselves from the county district. After a flurry of legislative efforts and legal challenges, the Tennessee state legislature, led by legislators from Shelby County suburbs, reversed a ban on new school districts—allowing the suburbs to break away while opening the door for any municipality in the state with a student population of 1,500 to secede, as long as it had the support of a majority of municipal voters.

The way cleared, each of the six wealthier communities began the 2014–15 school year with its own, separate district. These new districts have an average student poverty rate of 11%, lower than that of Beverly Hills. By comparison, a third of students in the shrunken Shelby County district lives below the poverty line—a rate higher even than that of Compton, California. In just one year, Shelby County’s budget was slashed by 20%. Seven Memphis-area schools have closed since the 2014–15 school year alone, and the district laid off about 500 teachers in both 2015 and 2016.

The repeal of the ban on new districts cleared the way for other new Tennessee secession districts. Hamilton County School District, which includes Chattanooga, is facing its own breakdown. Last year, Signal Mountain, a suburb where just 1% of students live in poverty, began studying the feasibility of seceding from Hamilton County, which has a 21% student poverty rate. A local committee estimated that the new district would have an additional $1.8 million should it secede and take its tax base with it.

Case Study : East Baton Rouge Parish, Louisiana

	Student-age population	Student-age poverty rate	Percent nonwhite	Median property value
East Baton Rouge Parish (not SD)	71,566	25.1%	80.4%	$70,369
East Baton Rouge Parish School District	60,485	26.0%	89.6%	$169,200
Zachary Community School District	4,513	17.1%	50.9%	$205,800
City of Baker School District	2,863	29.9%	96.9%	$114,900
Central Community School District	4,785	12.9%	24.7%	$180,900

A wealthy Baton Rouge community repeatedly tries to secede.

East Baton Rouge Parish, Louisiana, is not an especially well-to-do area. The median home in the parish costs around $170,000, and its median household income is just over $47,000, 12% below that of the US as a whole. In the southeast corner of the parish, however, sits St. George, a newly incorporated neighborhood where many single-family homes sell for over $1 million.

Since 2013, St. George residents have been attempting to incorporate as a new municipality, win recognition from the state legislature, and secure a bespoke amendment to the state constitution—all to form their own school district. Louisiana is one of 20 states that does not outline a path in law for secession, necessitating special legislative action. And because of a provision in the state constitution, a would-be district must garner a special constitutional exception to receive state education funding.

Despite the arduous process, three communities have successfully seceded from East Baton Rouge since 2003, when a federal desegregation order was lifted. The secessions have taken a toll. In 2015, 90% of students remaining in parish schools were nonwhite, while the breakaway districts had populations that were 42% white, on average.

The loss of St. George would drain the East Baton Rouge tax base, leaving their schools with $765 less per pupil. Additionally, East Baton Rouge would also likely be required to pay legacy costs (such as retiree health care) for the new district, just as it now does for the three previous breakaway districts. St. George schools, on the other hand, would receive nearly $3,000 more per student than East Baton Rouge.

For the moment, the effort to turn St. George into its own district is paused. In June 2015, after a contentious legal battle, the petition process to form as a new municipality did not garner enough signatures. Under state law, St. George must wait two years to restart the petition process, but both sides are preparing for further battle.

Case Study: Yuma County, CO

	Student-age population	Student-age poverty rate	Percent nonwhite	Median property value
Yuma 1 School District	986	15.8%	53.3%	$135,400
Wray RD-2 School District	734	18.3%	28.70%	$133,800
Liberty J-4 School District	70	15.7%	12.5%	$162,500
Idalia RJ-3 School District	93	21.5%	27.9%	$226,500
East Yuma School District	949	11.0%	9.2%	$77,100
West Yuma School District	1,160	17.2%	23.4%	$82,300

Districts break apart and are rewarded with extra state dollars

In 2000, Yuma County, a sparse, rural area on Colorado’s eastern border, had just two school districts: East Yuma, home to 949 students, and West Yuma, with 1,160 students. For years, small communities within the two districts felt their interests were given short shrift compared to those of more populous areas in their districts. So in 2001, the two districts split into four— Idalia and Wray from East Yuma, and Liberty and Yuma from West Yuma—and as a result, they began to receive extra state funding.

Colorado provides special state aid on a sliding scale to districts smaller than 5,000 students, with funding rising as enrollment drops. Ordinarily, the law specifies that the allocation will not increase if districts redraw boundaries to shrink their student populations, but in 1999 the Yuma County state representative pushed through a special exception that allowed districts that approved a split in the 2000 election to receive the funds. Voters in Yuma County approved the plan that year (to be implemented in 2001). A member of the East Yuma Board of Education said in the midst the secession effort: "It would have been nice if [the state] could have provided funding without splitting us, but there was no other way."

Today, students across the four districts are not that dissimilar from each other demographically—the most significant difference is enrollment. Idalia and Liberty each serve fewer than 100 students, while Wray has over 700 and Yuma has nearly 1,000. And indeed, these minidistricts have secured more funding as a result of the reorganization: By 2014, Idalia had nearly $8,500 in state funding for each of its students, compared to Wray which had just $4,700. Similarly, students in Liberty each received $8,700 for their education from the state, while the district it left behind had $4,700.

Across the country, including in Colorado, movement has been towards fewer and larger school districts, not smaller ones. Consolidation can cut costs by helping districts make use of economies of scale. Inevitably some districts, especially in areas as remote as Yuma County, will be small and those districts require extra state dollars to meet their needs. But Colorado already has policies in place to support small schools, and they could be applied in a way that does not encourage the creation of new, inefficient districts—for instance, by better supporting sparse districts facing high transportation costs. By instead rewarding small size, Colorado is incentivizing poor financial management, throwing good money after bad and dividing communities along the way.

The Impact

The notion of allowing small enclaves to withdraw a portion of their taxes to serve only themselves is unique to education. Imagine allowing a citizen to withhold taxes for a library that they don’t use or a sidewalk they don’t walk on. Envision providing exemptions from federal taxes for people who don’t have family members receiving Medicare. Surely, there is a legitimate argument to be made for each, but that argument never outweighs the case for the public good.

Our school funding structure means that, whatever the express motivation for a proposed school district split, “local control” through secession will always be tied to money. Incentivizing communities to opt out of the public good, create inefficiencies, and keep their money for themselves will only further the economic divide in our country and segregate America’s next generation.

There are a number of steps that states can take to prevent communities from using secession to segregate students or to undermine equity and efficiency. They can disallow secessions entirely, as Georgia and Florida have. Failing that, they can set a high bar for the creation of any new school district. Processes should include provisions like Wisconsin’s, where those approving new districts must consider the impact on finances and socioeconomic and racial diversity, and Texas’s, where new districts must be separately approved by voters in both the proposed district and the area that was left behind. But beyond any policy measures specific to secession, states must reimagine their education funding systems in a manner that gives all students a chance at success.

We have a unique opportunity during our children’s earliest years to teach them what our country could and should be. It’s during childhood that we learn what it means to be a thoughtful member of society—there is little doubt that a splintered school system of haves and have-nots today only lays the groundwork for a fractured society of tomorrow.

Navigate forward to learn more details about each secession and the policies governing breakaway neighborhoods in each state.

A National View:

States set different statutory processes for school district secessions that isolate students and resources.

Click each icon below to see how many states require that each specific action be taken at some point in the secession process.

Click any state to learn about its secession process and history of school district breakdown.

states have a policy defined in law

states have no policy defined in law

What steps does secession in each state require?

states require action by voters

states require approval by a state authority

state requires action from the state legislature *

states require a constitutional amendment

Throughout the country, only:

states must consider racial or socioeconomic factors

states must consider the effect on funding

* Even in states where there is no codified process for secession, legislation or a constitutional amendment may be used to segregate districts.

Alabama

Cities with more than 5,000 residents in Alabama can secede from their county school districts by negotiating an agreement with the county district.

Alabama has county and city school districts. A city with a population of more than 5,000 can choose not to enter into an agreement with the county board of education and instead form a city school district.

In Alabama, cities are municipalities with at least 5,000 people. Any “homogenous” community with more than 300 people can become a municipality with a petition signed by 15% of eligible voters and a referendum in the proposed area. The municipality can be identified as having more than 5,000 residents in the next United States Census.

Attempted and Successful Secessions Since 2000

State	Status	Seceding Community	District
Alabama	Seceded (2017)	Gardendale	Jefferson County
Alabama	Seceded (2015)	Pike Road	Montgomery County Schools
Alabama	Seceded (2014)	Pelham City	Shelby County School District
Alabama	Seceded (2012)	Alabaster City	Shelby County School District
Alabama	Seceded (2012)	Satsuma City	Mobile County Public Schools
Alabama	Seceded (2011)	Chickasaw City	Mobile County Public Schools
Alabama	Seceded (2007)	Saraland City	Mobile County Public Schools
Alabama	Seceded (2005)	Trussville City	Jefferson County School District
Alabama	Seceded (2004)	Boaz City	Marshall County School District
Alabama	Seceded (2003)	Leeds City	Jefferson County School District
Alabama	Ongoing	Daphne	Baldwin County School District
Alabama	Inactive	Fairhope	Baldwin County School District
Alabama	Defeated	Gulf Shores and Orange Beach	Baldwin County School District
Alabama	Defeated	Orange Beach	Baldwin County School District

Arizona

Arizona communities can secede from their school districts with approval from the State Board of Education, consideration of the educational and financial impact of the secession, and majority support in both the seceding and remaining area in a referendum.

A school district’s governing board or voters can request that a district with at least 600 students be divided. Voters must submit a petition signed by at least 10% of voters or fifty voters from both the proposed district and the remaining area, whichever is more.

The State Board will decide if the proposed district has enough property wealth to support the district and enough students to ensure that programs and services will be of “similar or better quality” after the division. The district will be divided if a majority in both the proposed district and remaining district vote in favor in a referendum.

Alaska

Communities in Alaska must become a new city or borough to secede from their school districts. A community can become a city through a petition, approval, and referendum process if it meets population requirements and has the resources and need for city government.

Because school districts in Alaska do not have the power to levy taxes independent of cities and boroughs (equivalent to counties), the only way for a community to secede from its school district is to form its own city or borough.

To become a city, a community must have at least 400 residents, a stable population, the financial and human resources to run a city government, and a “demonstrated need” for city government that cannot be met by attachment to an existing city. The process requires a petition signed by 15% of residents, approval from two state agencies, and majority support in an election in the proposed city.

New school districts must have at least 250 students, unless the state Commissioner of Education makes an exception.

Arkansas

Communities that meet certain size requirements can break away and form their own school districts. The process requires approval from the State Board of Education, consideration of any impact on desegregation efforts, and a referendum held in the proposed district.

Either the district’s board of directors or voters in the seceding area can request that a community be detached from an existing district. Both the seceding area and the remaining area must have at least 2,500 students. The resolution or petition will include a feasibility study examining the cost of operating the new district, the assets to be transferred, and the effect on desegregation.

The State Board will consider the petition and seek an opinion from the Attorney General on whether the creation of new district will negatively affect desegregation efforts.

The district will be created if a majority of voters in the proposed district vote in favor at the next election.

California

Communities can secede from their school districts with approval from a county committee and the State Board of Education and with the majority vote at a referendum. The approval process will consider the impact of secession on racial segregation, educational quality, cost to the state, and the fiscal condition of the affected districts.

The process of school district secession can be started by the school board or by voters through a petition signed by 25% of the voters in the existing district.

A county committee will consider the plan, but with the exception of some limited cases, the plan also needs approval from the State Board. The State Board will consider the impact of the plan on educational, financial, and equity factors, such as whether the plan will disrupt students’ education, promote “sound fiscal management,” worsen racial segregation, or negatively affect the fiscal condition of a district.

If the State Board approves it, the plan will be on the ballot in the next election. The State Board will decide the election area.

Attempted and Successful Secessions Since 2000

State	Status	Seceding Community	District
California	Ongoing	Malibu Unified School District	Santa Monica-Malibu Unified School District
California	Ongoing	Northgate Unified School District	Mt. Diablo Unified School District
California	Defeated	Carson	LA Unified School District
California	Defeated	San Fernando Valley	LA Unified School District

Colorado

A community can secede from its school district with approval from the State Commissioner of Education, consideration of the impact of secession on educational quality and equity, and the majority support of the existing district in a referendum.

The process of secession can start with the district’s school board, a petition signed by 15% of voters in the district, or the district’s loss of accreditation.

The school board and accountability committee will then appoint a planning committee. The committee will draft a plan that considers the educational needs of students, the availability of “diverse educational opportunities,” the equalization of educational opportunities, and the fair division of properties and assets. The plan must be approved by the State Commissioner.

The existing district will vote on the formation of the new district, as well as on any increase in the local school tax rate because of the secession.

Attempted and Successful Secessions Since 2000

State	Status	Seceding Community	District
Colorado	Seceded (2001)	Idalia RJ-3 School District	East Yuma
Colorado	Seceded (2001)	Liberty J-4 School District	West Yuma
Colorado	Seceded (2001)	Wray RD-2 School District	East Yuma
Colorado	Seceded (2001)	Yuma 1 School District	West Yuma

Connecticut

Connecticut towns that are part of a regional school district may secede by withdrawing from the regional district. To do so, they need the action from their town council, approval from the State Board of Education, and the support of voters in each member town. A community that is not already a town would need to become a town to secede.

In Connecticut, each town has its own school district unless it joins a regional school district. The town council of a member town of a regional district can apply to the regional board of education to withdraw. The regional board would then appoint a committee to develop a withdrawal plan. The town can withdraw if the plan is approved by the State Board and by a majority of voters from each member town of the regional school district in an election.

A community that is not already a town may be able to form its own district by becoming a new town, but this would likely require action from the state legislature.

Delaware

Delaware residents cannot begin the process of seceding from their school district. In order to secede, a community must have the support of the State Board of Education, meet minimum criteria, and secure majority support in a referendum in the existing district.

All school districts must be able to provide a “complete instructional program” for grades 1–12, with the exception of career and technical education. School districts can be divided in Delaware if the division is proposed by the State Board and receives the support of a majority of voters in a referendum held in the existing district.

Florida

Florida state law does not provide a path for school district secession. Each county is its own school district, according to the state constitution. A community hoping to secede from its school district would require action from the state legislature and a constitutional amendment.

Georgia

Georgia’s state law does not provide a path for school district secession. The state constitution prohibits the creation of new independent school districts. A community hoping to secede from its school district would require action from the state legislature and a constitutional amendment.

Attempted and Successful Secessions Since 2000

State	Status	Seceding Community	District
Georgia	Ongoing	Dunwoody	Dekalb County Schools

Hawaii

Hawaii is a single school district. It is impossible to secede.

Iowa

Iowa’s state law does not provide a path for school district secession. A community hoping to secede from its school district would require action from the state legislature.

There is no constitutional prohibition on secession.

Attempted and Successful Secessions Since 2000

State	Status	Seceding Community	District
Iowa	Inactive	North Liberty	Iowa City Community School District

Idaho

A community in Idaho can secede from its school district with the support of the district’s Board of Trustees, approval from the State Board of Education, and voter approval in a referendum.

Only a district’s Board of Trustees can begin the process of secession, and it can do so by submitting a proposal to the state Department of Education and the State Board. The proposal must be approved by the State Board. The proposal cannot divide the area of a city between more than one district, or leave a resulting district without a high school, if the existing district was a high school or K–12 district.

The proposal will be approved if it garners the support of a majority of voters in both the district as a whole and the smaller of the resulting districts in a referendum.

Attempted and Successful Secessions Since 2000

State	Status	Seceding Community	District
Idaho	Seceded (2007)	Mountain View School District	Grangeville Joint School District 241
Idaho	Seceded (2007)	Salmon River Joint School Dist	Grangeville Joint School District 241
Idaho	Seceded (2000)	Troy School District	Whitepine School District

Illinois

State law in Illinois does not provide a path for school district secession.

There is no constitutional prohibition on secession.

Indiana

Indiana residents cannot start the process of school district secession. A community seeking to secede must have the support of a county committee and the State Board of Education, both of which will consider the educational and financial impact of secession. The secession proposal must also be approved by voters in the proposed district.

In Indiana, a county committee for reorganization, whose members are appointed by a judge of the circuit court, is responsible for proposing and planning the formation of new school districts. The county committee drafts a reorganization plan, which will include the educational improvements the secession will make possible, the property wealth per student in the proposed and remaining districts, and the way property and debts will be divided. The plan is then submitted to the State Board for approval.

The proposed district is created by either a petition signed by 55% of voters in the proposed district or by majority support in an election in the proposed district.

Attempted and Successful Secessions Since 2000

State	Status	Seceding Community	District
Indiana	Defeated	East Madison School Corp.	Anderson Community School Corp.

Kansas

State law in Kansas does not provide a path for school district secession. A community hoping to secede from its school district would require action from the state legislature.

There is no constitutional prohibition on secession.

Kentucky

Kentucky’s state law does not provide a path for school district secession. A community hoping to secede from its school district would require action from the state legislature.

There is no constitutional prohibition on secession.

Louisiana

Louisiana’s state law does not provide a path for school district secession, and its constitutional language limits the creation of new school districts. A community seeking to secede from its school district would need action from the state legislature and the support of voters in a state-wide election.

The specific language in Louisiana’s state constitution about school funding means that the creation of new districts requires a constitutional amendment. Amendments to the state constitution require approval by a two-thirds vote in each house of the legislature and majority approval in a state-wide election. In order for a community to secede, the legislature must pass one bill creating the school district and another placing a constitutional amendment on the ballot.

Attempted and Successful Secessions Since 2000

State	Status	Seceding Community	District
Louisiana	Seceded (2007)	Central Community School District	East Baton Rouge Parish School District
Louisiana	Seceded (2003)	City Of Baker School District	East Baton Rouge Parish School District
Louisiana	Seceded (2003)	Zachary Community School District	East Baton Rouge Parish School District
Louisiana	Ongoing	St. George	East Baton Rouge Parish School District

Massachusetts

A Massachusetts city or town that is part of a regional school district may secede by withdrawing from its regional district, with approval from the Commissioner of Education. A community within a town may be able to form its own district by becoming a town.

In Massachusetts, each city and town has its own school district, unless it is a member of a regional school district. A town or a city that is a member of a regional school district can withdraw from the regional district with the approval of the state Commissioner of Education. The exact procedure will depend on the agreement made when the regional district was formed.

Theoretically, a community can also form its own school district by forming a new town or city, but no new city or town has been created since 1920.

Attempted and Successful Secessions Since 2000

State	Status	Seceding Community	District
Massachusetts	Seceded (2015)	Worthington School District	Gateway Regional School District
Massachusetts	Defeated	Upton	Mendon-Upton Regional

Maryland

Maryland has county school districts, with the exception of Baltimore, which is treated as a county for the purposes of state law. For a community to secede from its school district, the General Assembly would need to create a similar exception for that community.

There is no constitutional prohibition on secession.

Maine

In Maine, a town that is part of a regional school district may secede by withdrawing from the regional district. The process of withdrawal involves a petition and referendum process, approval from the Commissioner of Education, and a second referendum. A community within a municipality may form a municipal school district by becoming a municipality.

A town that has been part of a regional district for at least thirty months can petition to withdraw from the district if it can secure signatures from 10% of those who voted in the last gubernatorial election and majority support in a special election. Municipal officers will then appoint a withdrawal committee to plan the division of properties and debts. The proposal must be approved by the Commissioner of Education and by a majority of voters in the municipality in an election with at least half the turnout in the last gubernatorial election.

A community within a municipality can secede from its municipality in order to become a municipal school district. Municipal secession requires a voter petition, legislative approval, and a referendum.

Attempted and Successful Secessions Since 2000

State	Status	Seceding Community	District
Maine	Seceded (2014)	Dayton School Department	RSU 23
Maine	Seceded (2014)	Ellsworth School Department	RSU 24
Maine	Seceded (2014)	Hancock School Department	RSU 88/MSAD 24
Maine	Seceded (2014)	Lamoine School Department	RSU 24
Maine	Seceded (2014)	Saco School Department	RSU 23
Maine	Seceded (2014)	Wiscasset School Department	RSU 12
Maine	Seceded (2013)	Athens Public Schools	RSU 59/MSAD 59
Maine	Seceded (2013)	Cherryfield Public Schools	RSU 37/MSAD 37
Maine	Seceded (2013)	Eustis Public Schools	RSU 58/MSAD 58
Maine	Seceded (2013)	Glenburn Public Schools	RSU 26
Maine	Seceded (2013)	Veazie Public Schools	RSU 26
Maine	Seceded (2007)	Chebeague Island Public Schools	RSU 51/MSAD 51
Maine	Seceded (2006)	Cutler Public Schools	SAD 77 Cutler
Maine	Seceded (2006)	Machiasport Public Schools	SAD 77 Cutler
Maine	Seceded (2006)	Whiting Public Schools	SAD 77 Cutler

Michigan

Michigan’s state law does not provide a path for school district secession. School districts can be divided or dissolved, but in both cases, the parts of the divided or dissolved district will be attached to neighboring districts. A community within a school district would require action from the state legislature to form its own district.

There is no constitutional prohibition on secession.

Missouri

Voters in Missouri cannot start the process of secession. A community hoping to secede from its school district must have the support of a county commission, the approval of the State Board of Education, and majority support in an election in the existing district.

School districts can only be divided as part of a plan proposed by a county commission. The plan then must be approved by the State Board and the majority of voters in an election in the existing district.

Minnesota

Minnesota’s state law does not provide a path for school district secession. A community within a school district would require action from the state legislature to form its own district.

There is no constitutional prohibition on secession.

Mississippi

A community in Mississippi can secede from its district with the support of its school board and a majority of voters in the proposed district.

Voters can petition their school board to secede from their district if they gather signatures from a majority of voters in the proposed district. The school board may approve the proposal if it decides that the secession will not “seriously interfere with or impair the efficiency” of the district.

Montana

Montana does not provide a path for secession. A community hoping to secede from its school district would require action from the state legislature.

Since 1993, Montana statutory code has banned the creation of new high school or elementary school districts. New K–12 districts can be created from elementary and high school districts, but there is no provision for the creation of new K–12 districts from parts of existing K–12 districts.

There is no constitutional prohibition on secession.

Nebraska

Nebraska communities can secede from their school districts with approval from the state Committee for Reorganization of School Districts in a process that considers educational, financial, and equity factors.

School districts in Nebraska can be divided in two ways. First, they can be divided through a petition process, which requires signatures from at least 60% of voters in the existing district, approval from the state Committee, and a referendum held in the existing district. If the petition has signatures from at least 65% of voters, the Committee must approve the petition. Second, districts can be divided through a board process, where the school board of an existing district submits a proposal to the state Committee. The board process does not require a referendum.

In both cases, the state Committee will consider communities’ educational needs, the reductions in property-wealth disparities between districts, equalization of educational opportunities, and economies of scale in transportation and administration.

Nevada

Nevada’s state law does not provide a path for school district secession. Since 1956, school districts in Nevada have been coterminous with county boundaries, with the Carson City School District considered a county school district. A community within a school district would require action from the state legislature to form its own district.

There is no constitutional prohibition on secession.

New Hampshire

In New Hampshire, a town that is part of a cooperative school district may secede from its district by withdrawing from the cooperative school district. The withdrawal process requires approval from the State Board of Education and a referendum in the district as a whole. A community that is not already a town may form a town school district by becoming a town.

In New Hampshire, each town is a school district. Some towns are also part of a cooperative school district. The school board of a member town of a cooperative school district that is at least ten years old can direct the board of the cooperative district to study the town’s withdrawal from the cooperative district. The study committee must submit to the State Board a report that describes how the withdrawing district will pay for its share of debt and how students in the district will continue their education.

If the State Board approves the plan, a referendum will be held in the whole cooperative district.

New Jersey

In New Jersey, a municipality that is part of a regional school district may withdraw from the regional district with consideration of the withdrawal’s educational and financial impact, approval of the Commissioner of Education, and a referendum. A new school district may also be formed when a new municipality is formed.

A municipality’s board of education or the governing body can begin the withdrawal process by requesting that the county superintendent investigate the educational and financial impact of withdrawal on both the proposed and remaining districts. After the report is completed, the municipality can then ask the Commissioner of Education to hold a referendum. The Commissioner can refuse if any resulting district would not have the resources or students necessary to have an efficient school system.

In order to succeed, the proposal must receive a majority of votes in both the withdrawing municipality and the regional district as a whole.

New districts can also be formed when a new municipality is formed or subdivided. However, the creation of new municipalities has largely ceased since the 1950s.

North Carolina

North Carolina’s state law does not provide a path for school district secession. A community within a school district would require action from the state legislature to form its own district.

There is no constitutional prohibition on secession.

Attempted and Successful Secessions Since 2000

State	Status	Seceding Community	District
North Carolina	Ongoing	Matthews	Charlotte-Mecklenberg School District

New Mexico

A community in New Mexico may secede from its school district with the approval of the State Board of Education. The State Board will consider district size and educational impact in deciding whether to approve the secession.

The school board of the existing district, the state superintendent, or voters can request that a new district be formed from part of the existing district. Voters can request the creation of a new district with a petition signed by 60% of voters in the proposed district.

The State Board will decide whether to approve the creation of the new district. Both the new and remaining districts must have 500 students. The State Board will also determine if both districts can provide a high school program and whether creating the new district is in the best interest of public education in the existing district, the new district, and the state as a whole.

New York

New York’s state law outlines several ways in which a municipality may secede: at the discretion of a superintendent of a supervisory district or through a petition and referendum process. However, the Office of Educational Management Services within the state Department of Education has indicated that these statutes are not currently in use.

School districts in New York belong to a supervisory district, which is led by a district superintendent. These superintendents have the authority to create new school districts within their district whenever they determine that it is in the educational interests of the community.

Some municipalities can initiate secession. For example, municipalities can secede if they have at least 10,000 residents and their secession leaves the remaining district with at least 1,000 students. The district superintendent will help plan how current programs will continue and how property and debt will be divided. The new district will be formed if the proposal has either majority-voter support or two-thirds support in the governing bodies of both the seceding municipality and the remaining area.

Attempted and Successful Secessions Since 2000

State	Status	Seceding Community	District
New York	Inactive	Town of Olive	Onteora Central School District

North Dakota

North Dakota’s state law does not provide a path for school district secession. School districts may reorganize but only to form new school districts from parts or wholes of two or more existing districts. A community within a school district would require action from the state legislature to form its own district.

There is no constitutional prohibition on secession.

Ohio

In Ohio, the State Board of Education has control over the process of secession. The State Board may, with the approval of the state legislature, create new districts, unless residents petition to hold an election in which they can reject the proposal.

The State Board can propose that a new local school district be formed from part of an existing district. The district will be created unless 35% of voters in the proposed district who voted in the last general election petition to hold a referendum. If the petition is successful, the voters in the proposed new district will vote on the proposal during the next general or primary election.

Since 2005, the law has stated that formation of new districts must be approved by both houses of the General Assembly.

Attempted and Successful Secessions Since 2000

State	Status	Seceding Community	District
Ohio	Seceded (2004)	Manchester Local	Adams County School District
Ohio	Seceded (2000)	Monroe Local School District	Middletown City School Distirct

Oklahoma

Oklahoma’s state law does not provide a path for school district secession. A community within a school district would require action from the state legislature to form its own district.

There is no constitutional prohibition on secession.

Oregon

Oregon’s state law does not provide a path for school district secession. A community within a school district would require action from the state legislature to form its own district.

There is no constitutional prohibition on secession.

Attempted and Successful Secessions Since 2000

State	Status	Seceding Community	District
Oregon	Inactive	Canyonville	South Umpqua School District 19

Pennsylvania

Pennsylvania’s state law does not provide a path for a community to permanently secede from its school district, though it does allow for “independent districts” to be created while the community is transferred to another district. However, a community can theoretically secede by forming its own municipality through a petition process and with approval by the Council of Basic Education.

New school districts can be created through the creation of new municipalities. The simplest way to form a new municipality is to become a borough: A majority of “freeholders” living in a proposed borough with at least 500 residents can file a petition for incorporation. If the new municipality has a population of less than 5,000, the creation of the new district has to be approved by the Council of Basic Education. The Council will consider if the “welfare of pupils” is promoted by the creation of the new district.

Rhode Island

A Rhode Island community that is part of a regional school district can secede from its school district by withdrawing from the regional district. A community that is not a part of a regional district may theoretically secede by becoming a municipality.

Most school districts in Rhode Island are municipal school districts, but some are regional school districts made up of two or more municipalities. A municipality can withdraw from a regional school district in the way agreed upon when the regional district was formed, which usually requires approval from both the withdrawing district and the remaining regional school district

A community may theoretically form a school district by becoming its own municipality, but this is only possible through an action of the General Assembly. State officials consider this so unlikely as to be impossible.

South Carolina

South Carolina has county school districts that cannot be divided except by an act of the General Assembly or with the approval of the County Board of Education.

The County Board will approve a division of a county school district if the plan has the support of the entire state legislative delegation from the county; if a petition signed by at least 80% of voters in the county district is submitted; or if both a petition signed by one-third of voters is submitted and the plan is approved by a majority of voters at a countywide referendum.

South Dakota

A community in South Dakota can secede from its school district with approval from the Secretary of Education, given consideration of local property wealth, and majority support in a referendum in the existing district.

A community can secede so long as the new district can offer a K–12 program and all territory within a municipality remains in one district.

The secession process can start with either the school board or with a petition signed by 15% of voters in the district. The school board develops a reorganization plan, which includes the property wealth in the new and proposed districts and a description of the educational program the new district will provide. The plan then must be approved by the Secretary of Education, who may deny the plan if the proposed district does not have the property wealth or number of students to provide an “adequate educational program”.

If the Secretary approves the plan, an election will be held. The district will be divided if a majority of voters in the existing district approve.

Attempted and Successful Secessions Since 2000

State	Status	Seceding Community	District
South Dakota	Seceded (2003)	Tea Area School District 41-5	Lennox School District

Tennessee

Since 2013, municipalities in Tennessee that meet certain size requirements have been able to secede so long as they secure the approval of a majority of voters in the seceding municipality.

Municipalities may form their own school districts if they are authorized by their charter to do so and would have a student population of at least 1,500. The municipal district is created if a majority of voters in the seceding municipality approve the creation of the new district and agree to raise local funds to support it.

Attempted and Successful Secessions Since 2000

State	Status	Seceding Community	District
Tennessee	Seceded (2014)	Arlington	Shelby County Schools
Tennessee	Seceded (2014)	Bartlett	Shelby County Schools
Tennessee	Seceded (2014)	Collierville	Shelby County Schools
Tennessee	Seceded (2014)	Germantown	Shelby County Schools
Tennessee	Seceded (2014)	Lakeland	Shelby County Schools
Tennessee	Seceded (2014)	Millington	Shelby County Schools
Tennessee	Ongoing	Signal Mountain	Hamilton County

Texas

In Texas, a community that meets certain size requirements can secede from its school districts through a referendum held in both the seceding area and the remaining district.

A community with at least 8,000 students and an area of at least nine square miles can detach from its school district and form its own district. The process of secession can be started either by the district’s board of trustees or by a petition signed by 10% of voters in the seceding area.

The existing district will hold a referendum on the proposal. The new district is created if the proposal gets majority support in both the seceding area and the remaining district and if at least 25% of registered voters in the district turn out.

Attempted and Successful Secessions Since 2000

State	Status	Seceding Community	District
Texas	Inactive	Whiterock	Dallas Independent School District

Utah

In Utah, a community that meets certain size requirements can secede from its school district with consideration of the secession’s financial impact, approval from a county legislative body, and voter approval in both the seceding and remaining districts.

A community may secede so long as both the new and remaining districts would have at least 3,000 students. The process can begin with a request from the board of the existing district or a petition signed by 15% of the voters in the proposed school district who voted in the last gubernatorial election. The county legislative body will appoint a committee to study the impact of the proposed district, including the district’s financial viability, its financial impact on existing districts, and other “positive and negative effects".

The new district will be created if it is approved by the county legislative body and by a majority of voters in both the proposed district and the remaining district in the next election.

Cities of more than 50,000 may secede with a separate but similar process.

Attempted and Successful Secessions Since 2000

State	Status	Seceding Community	District
Utah	Seceded (2008)	Canyons District	Jordan School District
Utah	Defeated	East Granite	Granite School District
Utah	Defeated	South Jordan City	Jordan School District

Virginia

Communities in Virginia have no direct power in the process of school district secession. The State Board of Education is responsible for determining school district boundaries, with the approval of the affected school boards and municipal and county governing bodies.

The state constitution gives the State Board the power to divide the state into school districts so as to promote educational quality. When reviewing existing school district boundaries or drawing new ones, the State Board may consider the school-age population of the area and the ability of the proposed district to offer a comprehensive education, to meet quality standards, and to promote efficiency.

The State Board can only divide districts with the consent of the affected school boards and the governing bodies of the affected municipalities and counties. In addition, the General Assembly can overrule any change.

Vermont

A Vermont town that is part of a union or unified union school district may secede by withdrawing from the union district. The process of withdrawal involves approval from the State Board of Education and from voters in each member town.

Vermont has several types of school districts: city or town school districts; union school districts, which are made up of more than one town; and unified union school districts, which are K–12 union school districts.

A town that has been a part of a union or unified union school district for more than a year can withdraw from the district with the support of voters in the withdrawing town and in each of the other member towns. Withdrawal also requires approval from the State Board, which will decide if withdrawal is in the best interests of the state, students, and remaining member towns.

According to the Vermont Agency of Education, any other form of school district secession would likely require action from the state legislature.

Attempted and Successful Secessions Since 2000

State	Status	Seceding Community	District
Vermont	Ongoing	Bennington	SW Vermont Supervisory Union
Vermont	Inactive	Townshend	Leland and Gray Union HS District
Vermont	Defeated	Jamaica	Leland and Gray Union HS District

Washington

Washington state law does not provide a path for school district secession. The Attorney General has advised that the state laws on school district reorganization do not “authorize or allow a section of a school district to break away from that school district and form a new and separate school district by itself.” A community within a school district would require action from the state legislature to form its own district.

There is no constitutional prohibition on secession.

West Virginia

West Virginia’s state law does not provide a path for school district secession. A community within a school district would require action from the state legislature to form its own district.

West Virginia’s state law requires that school districts include all the territory in a single county. The state constitution suggests that “independent free school districts” could potentially be created, but the constitution also states the state’s current system of school districts can only be changed through action by the state legislature.

Wisconsin

In Wisconsin, a community can secede with approval from its local school board, consideration of the secession’s impact on district finances and diversity, and voter approval.

The process of creating a new district from a part of an existing district can begin with a resolution by the school board or a petition signed by 20% of voters in the existing district. The school board will decide on the new district’s boundaries and on division of property and debt. If the board fails to agree or if voters petition, the proposal may be reviewed by a School District Boundary Appeal Board, members of which are appointed by the state superintendent. Both the school board and appeal panel should consider the impact of the secession on students’ educational needs, the districts’ financial status, and socioeconomic and racial diversity.

If the proposal is approved by the school board, appeal board, or both, the issue will be decided by a referendum held in the proposed district. If voters petition, the referendum will be held in the district as a whole.

Attempted and Successful Secessions Since 2000

State	Status	Seceding Community	District
Wisconsin	Seceded (2007)	Gresham School District	Shawano-Gresham School District
Wisconsin	Ongoing	Caledonia	Racine Unified School District

Wyoming

In Wyoming, a community that meets certain criteria may secede from its school district with approval from a county district boundary board and from the State Board of Education. The boundary board and State Board will consider the educational, financial, and equity impact of the secession.

A community with one hundred or more voters can petition to create a new school district within an existing district, so long as the area contains both a high school and an elementary school and has at least 500 students. Moreover, all territory within a town must remain in the same district.

Voters will submit the petition to a district boundary board composed of county officials. The board will then submit a proposal to the State Board, which ultimately decides whether the community can secede. The State Board will consider whether the secession will provide an improved and more equalized educational opportunity for students, enable a “wiser and more efficient” use of funding, improve financial equity between districts, and simplify school district organization.

Fractured: The Breakdown of America's School Districts

Fractured: The Breakdown of America's School Districts

Case Study: Memphis, TN

Shelby County Demographic Data for

Case Study : East Baton Rouge Parish, Louisiana

East Baton Rouge Parish Demographic Data for 2015

Case Study: Yuma County, CO

East and West Yuma County Demographic Data for 2015

The Impact

A National View:

Alabama

Attempted and Successful Secessions Since 2000

Arizona

Alaska

Arkansas

California

Attempted and Successful Secessions Since 2000

Colorado

Attempted and Successful Secessions Since 2000

Connecticut

Delaware

Florida

Georgia

Attempted and Successful Secessions Since 2000

Hawaii

Iowa

Attempted and Successful Secessions Since 2000

Idaho

Attempted and Successful Secessions Since 2000

Illinois

Indiana

Attempted and Successful Secessions Since 2000

Kansas

Kentucky

Louisiana

Attempted and Successful Secessions Since 2000

Massachusetts

Attempted and Successful Secessions Since 2000

Maryland

Maine

Attempted and Successful Secessions Since 2000

Michigan

Missouri

Minnesota

Mississippi

Montana

Nebraska

Nevada

New Hampshire

New Jersey

North Carolina

Attempted and Successful Secessions Since 2000

New Mexico

New York

Attempted and Successful Secessions Since 2000

North Dakota

Ohio

Attempted and Successful Secessions Since 2000

Oklahoma

Oregon

Attempted and Successful Secessions Since 2000

Pennsylvania

Rhode Island

South Carolina

South Dakota

Attempted and Successful Secessions Since 2000

Tennessee

Attempted and Successful Secessions Since 2000

Texas

Attempted and Successful Secessions Since 2000

Utah

Attempted and Successful Secessions Since 2000

Virginia

Vermont

Attempted and Successful Secessions Since 2000

Washington

West Virginia

Wisconsin

Attempted and Successful Secessions Since 2000

Wyoming