Text: HF00431 Text: HF00433 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 273.3, Code 1999, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 23. Be authorized, subject to the
1 4 approval of the director of the department of education, to
1 5 enter into an agreement with the boards of directors of one or
1 6 more other area education agencies to merge. A merger
1 7 pursuant to this subsection may take the form of two or more
1 8 area education agencies merging to form a new area education
1 9 agency or, alternatively, by an existing area education agency
1 10 or agencies merging into another existing area education
1 11 agency.
1 12 The boards of directors of area education agencies voting
1 13 in favor of merger shall jointly prepare and submit to the
1 14 director of the department of education a plan of merger. The
1 15 plan shall include the rationale for the merger; a proposed
1 16 timeline for accomplishing the merger; an agreement regarding
1 17 the establishment of director districts and board membership
1 18 in the merged area education agency; arrangements regarding
1 19 existing contractual agreements between the merging area
1 20 education agencies and other area education agencies, school
1 21 districts, or public or private agencies; funding
1 22 considerations; and any other aspects the boards consider
1 23 necessary to address in order to facilitate the merger.
1 24 A plan which is approved shall result in a merger unless,
1 25 within thirty days following submission of a plan of merger,
1 26 the director is notified by a majority of the school districts
1 27 located in an area education agency subject to the merger
1 28 proposal of the districts' objection to the merger. If the
1 29 director receives notice of objection from a majority of the
1 30 school districts, the director shall issue a notice and hold a
1 31 public hearing on the proposed merger. If, following the
1 32 hearing regarding the proposed merger, a majority of the
1 33 school districts continue to object to the merger, the merger
1 34 shall not be granted. Notice of the public hearing shall take
1 35 place as provided in section 273.8 with regard to director
2 1 district conventions, with the exception that the newspaper in
2 2 which publication is made shall be one of general circulation
2 3 throughout the area education agency containing the school
2 4 districts objecting to the merger.
2 5 A plan which is not approved by the director may be
2 6 resubmitted at any time with aspects addressed which were
2 7 identified by the director as impediments to granting approval
2 8 to merge.
2 9 EXPLANATION
2 10 This bill provides authorization for the merger of two or
2 11 more area education agencies. The bill provides that, subject
2 12 to the approval of the director of the department of
2 13 education, the boards of directors of two or more area
2 14 education agencies may vote to merge, either into an entirely
2 15 new area education agency or through one or more existing area
2 16 education agency or agencies merging into another existing
2 17 area education agency.
2 18 The bill provides that the boards of directors of area
2 19 education agencies voting in favor of merger will be required
2 20 to jointly prepare and submit to the director a plan of
2 21 consolidation. The plan will include the rationale for the
2 22 merger; a proposed timeline for accomplishing the merger; an
2 23 agreement regarding the establishment of director districts
2 24 and board membership in the merged area education agency;
2 25 arrangements regarding existing contractual agreements between
2 26 the merging area education agencies and other area education
2 27 agencies, school districts, or public or private agencies;
2 28 funding considerations; and any other aspects the boards
2 29 consider necessary to address.
2 30 The bill provides that a plan which is approved by the
2 31 director will result in a merger unless, within 30 days
2 32 following submission of the plan, the director is notified by
2 33 a majority of the school districts located in an area
2 34 education agency subject to the merger proposal of their
2 35 objection to the merger. If, following notice and a public
3 1 hearing, the school boards continue to object, the merger will
3 2 not be permitted. The bill provides that a plan which is not
3 3 approved can be resubmitted at any time with aspects addressed
3 4 which were identified by the director as impediments to
3 5 granting approval to merge.
3 6 LSB 2130HH 78
3 7 rn/jw/5
Text: HF00431 Text: HF00433 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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