Bill Text: IA SSB3181 | 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.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-02-13 - Subcommittee Meeting: 02/14/2018 10:30AM RM 315 [SSB3181 Detail]
Download: Iowa-2017-SSB3181-Introduced.html
Senate
Study
Bill
3181
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
EDUCATION
BILL
BY
CHAIRPERSON
SINCLAIR)
A
BILL
FOR
An
Act
specifying
procedures
for
boundary
changes
involving
1
the
severance
from
and
attachment
of
territory
to
a
school
2
district
by
petition
and
election.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
275.5,
Code
2018,
is
amended
to
read
as
1
follows:
2
275.5
Proposals
for
merger
or
consolidation.
3
A
proposal
for
merger,
consolidation,
or
boundary
change
of
4
local
school
districts
shall
first
be
submitted
to
the
area
5
education
agency
board
following
the
procedure
prescribed
in
6
this
chapter
.
Following
receipt
of
a
petition
pursuant
to
7
section
275.11A
or
section
275.12
,
the
area
education
agency
8
board
shall
review
its
plans
and
determine
whether
the
petition
9
complies
with
the
plans
which
had
been
adopted
by
the
board.
10
If
the
petition
does
not
comply
with
the
plans
which
had
been
11
adopted
by
the
board,
the
board
shall
conduct
further
surveys
12
pursuant
to
section
275.4
prior
to
the
date
set
for
the
hearing
13
upon
the
petition.
If
further
surveys
have
been
conducted
by
14
the
board,
the
board
shall
present
the
results
of
the
further
15
surveys
at
the
hearing
upon
the
petition.
16
Sec.
2.
Section
275.11,
Code
2018,
is
amended
to
read
as
17
follows:
18
275.11
Proposals
involving
two
or
more
districts.
19
1.
Subject
to
the
approval
of
the
area
education
agency
20
board,
contiguous
or
marginally
adjacent
territory
located
21
in
two
or
more
school
districts
may
be
united
into
a
single
22
district
in
the
manner
provided
in
sections
275.12
to
275.22
.
23
2.
Subject
to
the
approval
of
the
area
education
agency
24
board,
a
portion
of
a
school
district
may
be
severed
and
25
attached
to
a
different
school
district
that
contains
26
territory
contiguous
or
marginally
adjacent
to
the
portion
27
of
the
territory
to
be
attached
in
the
manner
provided
in
28
section
275.11A,
and
sections
275.13
through
275.22
insofar
29
as
applicable
and
appropriate
to
a
petition
filed
pursuant
to
30
section
275.11A.
31
Sec.
3.
NEW
SECTION
.
275.11A
Petition
for
severance
and
32
attachment
——
election.
33
1.
Eligible
electors
of
a
school
district
may
petition
for
34
a
boundary
change
that
requests
the
severance
of
a
portion
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of
the
school
district’s
territory
and
attachment
of
such
1
portion
to
an
existing
contiguous
or
marginally
adjacent
school
2
district.
The
petition
shall
be
filed
with
the
area
education
3
agency
administrator
in
the
school
district
where
the
territory
4
is
located.
Notice
of
the
filing,
including
a
copy
of
the
5
petition,
shall
be
served
upon
the
boards
of
directors
of
the
6
school
districts
affected
by
the
proposed
boundary
change.
7
2.
a.
The
petition
must
be
signed
by
eligible
electors
8
residing
in
the
school
district
that
contains
the
territory
9
that
is
to
be
severed
equal
in
number
to
at
least
twenty
10
percent
of
the
number
of
registered
voters
in
the
school
11
district,
or
four
hundred
eligible
electors,
whichever
is
the
12
smaller
number.
13
b.
The
petition
shall
describe
the
proposed
boundary
change,
14
accurately
describing
the
area
included
by
legal
descriptions,
15
of
the
affected
school
districts,
which
boundaries
or
area
16
described
shall
conform
to
plans
developed
or
the
petition
17
shall
request
change
of
the
plan,
shall
be
filed
with
the
area
18
education
agency
administrator
of
the
area
education
agency
in
19
which
the
greatest
number
of
registered
voters
reside.
20
c.
The
area
education
agency
administrator
shall
not
21
accept
a
petition
if
any
of
the
school
districts
affected
22
have
approved
the
issuance
of
general
obligation
bonds
at
23
an
election
pursuant
to
section
296.6
during
the
preceding
24
six-month
period.
25
3.
The
area
education
agency
board,
in
reviewing
a
petition
26
as
provided
in
this
section,
may
change
or
amend
the
proposal
27
in
any
manner.
The
review
conducted
by
the
area
education
28
agency,
including
any
resulting
change
to
the
proposal,
shall
29
ensure
that
the
estimated
revenue
under
section
423F.2
of
30
the
district
where
the
territory
to
be
severed
is
located
31
is
sufficient
for
the
payment
of
principal
and
interest
on
32
the
outstanding
bonds
required
to
be
paid
in
the
budget
year
33
following
the
severance.
34
Sec.
4.
Section
275.13,
Code
2018,
is
amended
to
read
as
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follows:
1
275.13
Affidavit
——
presumption.
2
Such
A
petition
filed
under
section
275.11A
or
section
3
275.12
shall
be
accompanied
by
an
affidavit
showing
the
4
number
of
registered
voters
living
in
each
affected
district
5
or
portion
thereof
described
in
the
petition
and
signed
by
a
6
registered
voter
residing
in
the
territory,
and
if
parts
of
the
7
territory
described
in
the
petition
are
situated
in
different
8
area
education
agencies,
the
affidavit
shall
show
separately
as
9
to
each
agency,
the
number
of
registered
voters
in
the
part
of
10
the
agency
included
in
the
territory
described.
The
affidavit
11
shall
be
taken
as
true
unless
objections
to
it
are
filed
on
12
or
before
the
time
fixed
for
filing
objections
as
provided
in
13
section
275.14
hereof
.
14
Sec.
5.
Section
275.20,
Code
2018,
is
amended
to
read
as
15
follows:
16
275.20
Separate
vote
in
existing
districts.
17
1.
The
voters
shall
vote
separately
in
each
existing
school
18
district
affected
and
voters
residing
in
the
entire
existing
19
district
are
eligible
to
vote
upon
the
proposition
to
create
20
a
new
school
corporation
and
on
any
additional
provision
21
authorized
pursuant
to
section
275.12,
subsection
6
.
If
a
22
the
proposition
receives
a
majority
of
the
votes
cast
in
each
23
of
at
least
seventy-five
percent
of
the
districts,
and
also
24
a
majority
of
the
total
number
of
votes
cast
in
all
of
the
25
districts,
the
proposition
is
carried.
26
2.
Notwithstanding
subsection
1,
if
the
proposition
27
is
a
boundary
change
as
described
in
section
275.11A,
the
28
registered
voters
residing
in
the
entire
existing
district
to
29
which
the
territory
will
be
attached
are
eligible
to
vote
on
30
the
proposition,
and
the
registered
voters
residing
in
the
31
territory
that
is
to
be
severed
are
eligible
to
vote
on
the
32
proposition.
If
the
proposition
receives
a
majority
of
the
33
votes
cast
in
the
existing
district
to
which
the
territory
will
34
be
attached
and
a
majority
of
the
votes
cast
in
the
territory
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that
is
to
be
severed,
the
proposition
is
carried.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
modifies
Code
chapter
275,
which
provides
for
the
5
reorganization
of
school
districts,
to
specify
that
a
boundary
6
change
may
be
petitioned
for
and
caused
by
the
severance
7
of
territory
from
a
school
district
and
the
attachment
of
8
the
territory
to
a
different
school
district
that
contains
9
territory
contiguous
or
marginally
adjacent
to
the
portion
that
10
is
proposed
to
be
attached,
and
by
specifying
procedures.
A
11
petition
signed
by
eligible
electors
of
the
school
district
12
where
the
territory
to
be
severed
is
located
may
be
filed
with
13
the
area
education
agency
(AEA).
14
The
number
of
eligible
electors
signing
the
petition
must
15
be
equal
in
number
to
20
percent
of
the
number
of
registered
16
voters
in
the
school
district
or
400
eligible
electors,
17
whichever
is
the
smaller
number.
The
bill
provides
that
18
notice
of
the
filing,
including
a
copy
of
the
petition,
must
19
be
served
upon
the
boards
of
directors
of
the
affected
school
20
districts.
The
procedures
relating
to
filing
a
petition
for
21
boundary
change,
filing
objections,
holding
hearings
and
a
22
special
election,
and
separate
voting
in
the
existing
districts
23
or
territories,
must
be
followed
in
the
manner
provided
in
24
Code
sections
275.13
through
275.22,
insofar
as
applicable
and
25
appropriate
to
a
petition
filed
pursuant
to
the
bill.
26
As
provided
in
current
law,
the
AEA
administrator
shall
27
not
accept
a
petition
if
any
of
the
school
districts
affected
28
have
approved
the
issuance
of
general
obligation
bonds
at
an
29
election
during
the
preceding
six-month
period.
30
The
AEA
board
shall
review
the
proposal,
including
the
31
impact
on
school
infrastructure
funding
for
the
school
district
32
where
the
territory
to
be
severed
is
located,
and
may
change
or
33
amend
the
proposal
in
any
manner.
34
If
the
petition
is
approved
by
the
AEA,
an
election
shall
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be
held
on
the
proposition
and
only
the
registered
voters
in
1
the
territory
to
be
severed
and
the
registered
voters
of
the
2
existing
district
to
which
the
territory
will
be
attached
3
are
eligible
to
vote
on
the
proposition.
If
the
proposition
4
receives
a
majority
of
the
votes
in
the
existing
district
and
a
5
majority
of
votes
in
the
territory
that
is
to
be
severed,
the
6
proposition
is
carried.
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