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c -3- .0288 fact, they alone will be responsible. S. "How will the school facilities be -disposed of and where will this money go?" ~ The disposition of the school facilities will be by agreement of the board of education and the Bureau of Reclamation. Any money which may be involved in the agrccmcnt should be used (1) to retire any outstanding bonded indebtedness, all or in part, as the Board of Education may indicate and available money will providc; or (2) to provide rcplacement facilities. (Please note: The discretionary provisions in (1) and (2) above are provided in C.R.S. 1973, 22-45-112. However, depending upon the potential future of the affected district, the local,board should consider (1) as a first lien and (2) as a second lien as it considers disposition of the money involved.) Should the school district be dissolved, by whatever means, and excess money remains, that money and any other assets shall be distributed proportionately to the districts that annexed or received additional territory. - -,...,-, 6. "Will the teacher near retirement be forced to take an early retirement?" The answer to this question hinges on which method bf disposition of district territory is used. (1) Under reorganization, the plan may provide for utilization of faculty and appropriate disposition of tenure obligations. (2) Under detachment and annexation, the board of education of the annexing district may use its discretion in the utilization and disposition of faculty. The annexing district is under no obligation to the teachers of the dissolved district except that which ~t wishes to assume. (3) Under consolidation, a plan may be devised as'in reorganization. There is no tenure for an abolished or n~n-existent teaching position, . however. 7. "Will teachers and other employees be compensated for their moving and seeking other employment?" There are no, legal provisions covering this situation other than what might be provided in a plan of reorganization or consolidation. 8. "Has the Bureau of Reclamation figured in its budget money to help support the school as it buys land that will be taken off the tal: rolls?" It is my understanding that the Bureau has no autoority for such support and none is provided in the approved funding or f:rure proposals. Provided congress authorizes continued funding, there appe'rs to be some support available through the provisions o~ Public Law BI-SIS and BI-B74. These laws deal with financial aid for s~lool assistanc, in federally affected arcas and are much too complcx for discussion in :his memo. The Bureau , has assured the Department it will make every rea;onable effort to adjust ,its activities, primarily in land acquisition, to provide the best advantage to the school district. 9. "Will the impact of the railroad relocation put the :chool' tax base in a disastrous position?" The PlOoposed relocntion of ',the railroad right-of-1o::1Y lies almost entirely . .