Bill Text: IA SF321 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act specifying procedures for boundary changes involving the severance from and attachment of territory to a school district by petition and election.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2017-02-27 - Subcommittee: Chelgren, Greene, and Mathis. S.J. 413. [SF321 Detail]
Download: Iowa-2017-SF321-Introduced.html
Senate File 321 - Introduced SENATE FILE BY CHELGREN A BILL FOR 1 An Act specifying procedures for boundary changes involving 2 the severance from and attachment of territory to a school 3 district by petition and election. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1345XS (4) 87 kh/sc PAG LIN 1 1 Section 1. Section 275.5, Code 2017, is amended to read as 1 2 follows: 1 3 275.5 Proposals for merger or consolidation. 1 4 A proposal for merger, consolidation, or boundary change of 1 5 local school districts shall first be submitted to the area 1 6 education agency board following the procedure prescribed in 1 7 this chapter. Following receipt of a petition pursuant to 1 8 section 275.11A or section 275.12, the area education agency 1 9 board shall review its plans and determine whether the petition 1 10 complies with the plans which had been adopted by the board. 1 11 If the petition does not comply with the plans which had been 1 12 adopted by the board, the board shall conduct further surveys 1 13 pursuant to section 275.4 prior to the date set for the hearing 1 14 upon the petition. If further surveys have been conducted by 1 15 the board, the board shall present the results of the further 1 16 surveys at the hearing upon the petition. 1 17 Sec. 2. Section 275.11, Code 2017, is amended to read as 1 18 follows: 1 19 275.11 Proposals involving two or more districts. 1 20 1. Subject to the approval of the area education agency 1 21 board, contiguous or marginally adjacent territory located 1 22 in two or more school districts may be united into a single 1 23 district in the manner provided in sections 275.12 to 275.22. 1 24 2. Subject to the approval of the area education agency 1 25 board, a portion of a school district may be severed and 1 26 attached to a different school district that contains 1 27 territory contiguous or marginally adjacent to the portion 1 28 of the territory to be attached in the manner provided in 1 29 section 275.11A, and sections 275.13 through 275.22 insofar 1 30 as applicable and appropriate to a petition filed pursuant to 1 31 section 275.11A. 1 32 Sec. 3. NEW SECTION. 275.11A Petition for severance and 1 33 attachment ==== election. 1 34 1. Eligible electors of a school district may petition for 1 35 a boundary change that requests the severance of a portion 2 1 of the school district's territory and attachment of such 2 2 portion to an existing contiguous or marginally adjacent school 2 3 district. The petition shall be filed with the area education 2 4 agency administrator in the school district where the territory 2 5 is located. Notice of the filing, including a copy of the 2 6 petition, shall be served upon the boards of directors of the 2 7 school districts affected by the proposed boundary change. 2 8 2. a. The petition must be signed by eligible electors 2 9 residing in the school district that contains the territory 2 10 that is to be severed equal in number to at least twenty 2 11 percent of the number of registered voters in the school 2 12 district, or four hundred eligible electors, whichever is the 2 13 smaller number. 2 14 b. The petition shall describe the proposed boundary change, 2 15 accurately describing the area included by legal descriptions, 2 16 of the affected school districts, which boundaries or area 2 17 described shall conform to plans developed or the petition 2 18 shall request change of the plan, shall be filed with the area 2 19 education agency administrator of the area education agency in 2 20 which the greatest number of registered voters reside. 2 21 c. The area education agency administrator shall not 2 22 accept a petition if any of the school districts affected 2 23 have approved the issuance of general obligation bonds at 2 24 an election pursuant to section 296.6 during the preceding 2 25 six=month period. 2 26 3. The area education agency board, in reviewing a petition 2 27 as provided in this section, may change or amend the proposal 2 28 in any manner. The review conducted by the area education 2 29 agency, including any resulting change to the proposal, shall 2 30 ensure that the estimated revenue under section 423F.2 of 2 31 the district where the territory to be severed is located 2 32 is sufficient for the payment of principal and interest on 2 33 the outstanding bonds required to be paid in the budget year 2 34 following the severance. 2 35 Sec. 4. Section 275.13, Code 2017, is amended to read as 3 1 follows: 3 2 275.13 Affidavit ==== presumption. 3 3SuchA petition filed under section 275.11A or section 3 4 275.12 shall be accompanied by an affidavit showing the 3 5 number of registered voters living in each affected district 3 6 or portion thereof described in the petition and signed by a 3 7 registered voter residing in the territory, and if parts of the 3 8 territory described in the petition are situated in different 3 9 area education agencies, the affidavit shall show separately as 3 10 to each agency, the number of registered voters in the part of 3 11 the agency included in the territory described. The affidavit 3 12 shall be taken as true unless objections to it are filed on 3 13 or before the time fixed for filing objections as provided in 3 14 section 275.14hereof. 3 15 Sec. 5. Section 275.20, Code 2017, is amended to read as 3 16 follows: 3 17 275.20 Separate vote in existing districts. 3 18 1. The voters shall vote separately in each existing school 3 19 district affected and voters residing in the entire existing 3 20 district are eligible to vote upon the proposition to create 3 21 a new school corporation and on any additional provision 3 22 authorized pursuant to section 275.12, subsection 6. Ifa 3 23the proposition receives a majority of the votes cast in each 3 24 of at least seventy=five percent of the districts, and also 3 25 a majority of the total number of votes cast in all of the 3 26 districts, the proposition is carried. 3 27 2. Notwithstanding subsection 1, if the proposition 3 28 is a boundary change as described in section 275.11A, the 3 29 registered voters residing in the entire existing district to 3 30 which the territory will be attached are eligible to vote on 3 31 the proposition, and the registered voters residing in the 3 32 territory that is to be severed are eligible to vote on the 3 33 proposition. If the proposition receives a majority of the 3 34 votes cast in the existing district to which the territory will 3 35 be attached and a majority of the votes cast in the territory 4 1 that is to be severed, the proposition is carried. 4 2 EXPLANATION 4 3 The inclusion of this explanation does not constitute agreement with 4 4 the explanation's substance by the members of the general assembly. 4 5 This bill modifies Code chapter 275, which provides for the 4 6 reorganization of school districts, to specify that a boundary 4 7 change may be petitioned for and caused by the severance 4 8 of territory from a school district and the attachment of 4 9 the territory to a different school district that contains 4 10 territory contiguous or marginally adjacent to the portion that 4 11 is proposed to be attached, and by specifying procedures. A 4 12 petition signed by eligible electors of the school district 4 13 where the territory to be severed is located may be filed with 4 14 the area education agency (AEA). 4 15 The number of eligible electors signing the petition must 4 16 be equal in number to 20 percent of the number of registered 4 17 voters in the school district or 400 eligible electors, 4 18 whichever is the smaller number. The bill provides that 4 19 notice of the filing, including a copy of the petition, must 4 20 be served upon the boards of directors of the affected school 4 21 districts. The procedures relating to filing a petition for 4 22 boundary change, filing objections, holding hearings and a 4 23 special election, and separate voting in the existing districts 4 24 or territories, must be followed in the manner provided in 4 25 Code sections 275.13 through 275.22, insofar as applicable and 4 26 appropriate to a petition filed pursuant to the bill. 4 27 As provided in current law, the AEA administrator shall 4 28 not accept a petition if any of the school districts affected 4 29 have approved the issuance of general obligation bonds at an 4 30 election during the preceding six=month period. 4 31 The AEA board shall review the proposal, including the 4 32 impact on school infrastructure funding for the school district 4 33 where the territory to be severed is located, and may change or 4 34 amend the proposal in any manner. 4 35 If the petition is approved by the AEA, an election shall 5 1 be held on the proposition and only the registered voters in 5 2 the territory to be severed and the registered voters of the 5 3 existing district to which the territory will be attached 5 4 are eligible to vote on the proposition. If the proposition 5 5 receives a majority of the votes in the existing district and a 5 6 majority of votes in the territory that is to be severed, the 5 7 proposition is carried. LSB 1345XS (4) 87 kh/sc
