Text: HSB00217 Text: HSB00219 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 DIVISION ___
1 2 REORGANIZATION OR DISSOLUTION
1 3 Section 1. NEW SECTION. 273.20 DEFINITIONS.
1 4 When used in this division, unless the context otherwise
1 5 requires:
1 6 1. "Affected area education agency" or "affected agency"
1 7 means an area education agency whose board of directors is
1 8 contemplating or engaged in reorganization efforts in
1 9 accordance with this division.
1 10 2. "Affected board" means the board of directors of an
1 11 area education agency that is contemplating or engaged in
1 12 reorganization efforts in accordance with this division.
1 13 3. "Department" means the department of education.
1 14 4. "State board" means the state board of education.
1 15 Sec. 2. NEW SECTION. 273.21 VOLUNTARY REORGANIZATION.
1 16 1. Two or more area education agencies may voluntarily
1 17 reorganize under this division if the area education agencies
1 18 are contiguous, a majority of the members of each of the
1 19 affected boards approve the reorganizations, and the
1 20 reorganization plan submitted to the state board pursuant to
1 21 subsection 3 is approved by the state board.
1 22 2. If twenty percent or more of the school districts
1 23 within an affected area education agency file a petition by
1 24 March 1 with the affected area education agency board to
1 25 consider reorganization, the affected board shall consider the
1 26 request and vote on the petition. If a majority of the
1 27 affected board members vote to study the reorganization of the
1 28 affected area education agency, the affected board shall
1 29 immediately begin the study to consider reorganization
1 30 effective by July 1 of the next year.
1 31 3. The affected boards contemplating a voluntary
1 32 reorganization shall do the following:
1 33 a. Develop detailed studies of the facilities, property,
1 34 services, staffing necessities, equipment, programs, and other
1 35 capabilities available in each of the affected area education
2 1 agencies for the purpose of providing for the reorganization
2 2 of the area education agencies in order to effect more
2 3 economical operation and the attainment of higher standards of
2 4 educational services for the schools.
2 5 b. Survey the school districts within the affected area
2 6 education agencies to determine the districts' current and
2 7 future programs and services, professional development, and
2 8 technology needs.
2 9 c. Consult with the officials of school districts within
2 10 the affected area and other citizens and periodically hold
2 11 public hearings during the development of a plan for
2 12 reorganization, as well as a public hearing on the final plan
2 13 to be submitted to the department.
2 14 d. Consult with the director of the department of
2 15 education in the development of surveys and plans. The
2 16 director of the department of education shall provide
2 17 assistance and advice to the affected area education agency
2 18 boards as requested.
2 19 e. Develop a reorganization plan that demonstrates
2 20 improved efficiency and effectiveness of programs to meet
2 21 accreditation standards, includes a preliminary budget for
2 22 reorganized areas, documents public comment from the public
2 23 hearings held pursuant to paragraph "c", and provides for a
2 24 board of directors, and the number of members that the board
2 25 shall consist of, in accordance with section 273.8.
2 26 f. Set forth the assets and liabilities of the affected
2 27 area education agencies, which shall become the responsibility
2 28 of the board of directors of the newly formed area education
2 29 agency on the effective date of the reorganization.
2 30 g. Transmit the completed plan to the state board by
2 31 November 1.
2 32 4. The state board shall review the reorganization plan
2 33 and shall, prior to February 1, either approve the plan or
2 34 return the plan with the state board's recommendations. An
2 35 unapproved plan may be resubmitted with modifications to the
3 1 department not later than February 10. An approved plan shall
3 2 take effect on July 1 of the fiscal year following the date of
3 3 approval by the state board.
3 4 Sec. 3. NEW SECTION. 273.22 CONTRACTS OF NEW AREA
3 5 EDUCATION AGENCY.
3 6 1. The terms of employment of the administrator and staff
3 7 of affected area education agencies for the school year
3 8 beginning with the effective date of the formation of the new
3 9 area education agency shall not be affected by the formation
3 10 of the new area education agency, except in accordance with
3 11 the provisions of sections 279.15 to 279.18, and 279.24, and
3 12 the authority and responsibility to offer new contracts or to
3 13 continue, modify, or terminate existing contracts pursuant to
3 14 sections 279.12, 279.13, 279.15 to 279.21, 279.23, and 279.24
3 15 for the school year beginning with the effective date of the
3 16 reorganization shall be transferred from the boards of the
3 17 existing area education agencies to the board of the new area
3 18 education agency on the third Tuesday of January prior to the
3 19 school year the reorganization is effective.
3 20 2. The collective bargaining agreement of the area
3 21 education agency with the largest basic enrollment, as defined
3 22 in section 257.6, for the year prior to the year the
3 23 reorganization is effective, shall serve as the base agreement
3 24 in the new area education agency and the employees of the
3 25 other area education agencies involved in the formation of the
3 26 new area education agency shall automatically be accreted to
3 27 the bargaining unit of that collective bargaining agreement
3 28 for purposes of negotiating the contracts for the following
3 29 years without further action by the public employment
3 30 relations board. If only one collective bargaining agreement
3 31 is in effect among the area education agencies that are party
3 32 to the reorganization, that agreement shall serve as the base
3 33 agreement, and the employees of the other agencies involved in
3 34 the formation of the new area education agency shall
3 35 automatically be accreted to the bargaining unit of that
4 1 collective bargaining agreement for purposes of negotiating
4 2 the contracts for the following years without further action
4 3 by the public employment relations board. The board of the
4 4 newly formed area education agency, using the base agreement
4 5 as its existing contract, shall bargain with the combined
4 6 employees of the affected agencies for the school year
4 7 beginning with the effective date of the reorganization. The
4 8 bargaining shall be completed by the dates specified in
4 9 section 20.17 prior to the school year in which the
4 10 reorganization becomes effective or within one hundred eighty
4 11 days after the organization of the new board, whichever is
4 12 later. If a bargaining agreement was already concluded by the
4 13 board and employees of the affected agency with the contract
4 14 serving as the base agreement for the school year beginning
4 15 with the effective date of the reorganization, that agreement
4 16 shall be void. However, if the base agreement contains
4 17 multiyear provisions affecting school years subsequent to the
4 18 effective year of the reorganization, the base agreement shall
4 19 remain in effect as specified in the agreement.
4 20 The provisions of the base agreement shall apply to the
4 21 offering of new contracts, or continuation, modification, or
4 22 termination of existing contracts as provided in subsection 1.
4 23 3. The terms of a contract between the board of directors
4 24 of a school district and the board of directors of an affected
4 25 area education agency shall be carried out by the school board
4 26 and the board of directors of the newly formed area education
4 27 agency except as provided in this section.
4 28 4. The board of directors of a school district that is
4 29 under a contract with an affected area education agency may
4 30 petition the boards of directors of the affected area
4 31 education agencies for release from the contract. If the
4 32 petition receives a majority of the votes cast by the members
4 33 of the boards of the affected area education agencies, the
4 34 petition is approved and the contract shall be terminated on
4 35 the effective date of the area education agency
5 1 reorganization.
5 2 5. The board of directors of a school district that is
5 3 contiguous to a newly reorganized area education agency may
5 4 petition the board of directors of a contiguous area education
5 5 agency to join that area education agency. If the contiguous
5 6 area education agency board approves the petition, the
5 7 reorganization shall take effect on July 1 of the school year
5 8 following approval of the petition by the state board. A
5 9 school district may appeal to the state board the decision of
5 10 an area education agency board to deny the school district's
5 11 petition.
5 12 Sec. 4. NEW SECTION. 273.23 INITIAL BOARD.
5 13 1. A petition filed under section 273.21 shall state the
5 14 number of directors on the initial board which shall be either
5 15 seven or nine directors. The petition shall specify the
5 16 number of directors to be retained from each area, and those
5 17 numbers shall be proportionate to the populations of the
5 18 agencies. If the proportionate balance of directors among the
5 19 affected agencies specified in the plan is affected by school
5 20 districts petitioning to be excluded from the reorganization,
5 21 or if the proposal specified in the plan does not comply with
5 22 the requirement for proportionate representation, the state
5 23 board shall modify the proposal. However, all area education
5 24 agencies affected shall retain at least one member.
5 25 2. Prior to the organization meeting of the board of
5 26 directors of the newly formed area education agency, the
5 27 boards of the former area education agencies shall designate
5 28 directors to be retained as members to serve on the initial
5 29 board of the newly formed area education agency. A vacancy
5 30 occurs if an insufficient number of former board members
5 31 reside in the newly formed area education agency's boundaries
5 32 or if an insufficient number of former board members are
5 33 willing to serve on the board of the newly formed area
5 34 education agency. Vacancies, as defined in section 277.29, in
5 35 the membership of the newly formed area education agency board
6 1 shall be filled for the unexpired portion of the term at a
6 2 special director district convention called and conducted in
6 3 the manner provided in section 273.8 for regular director
6 4 district conventions.
6 5 3. Prior to the effective date of the reorganization, the
6 6 initial board shall call a director district convention under
6 7 the provisions of section 273.8, subsection 2, for the purpose
6 8 of electing a board for the reorganized area education agency.
6 9 The new board shall have control of the employment of all
6 10 personnel for the newly formed area education agency for the
6 11 ensuing school year. Following the organization of the new
6 12 board, the board shall have authority to establish policy,
6 13 enter into contracts, and complete such planning and take such
6 14 action as is essential for the efficient management of the
6 15 newly formed area education agency.
6 16 4. The initial board of the newly formed district shall
6 17 appoint an acting administrator and an acting board secretary.
6 18 The appointment of the acting administrator shall not be
6 19 subject to the continuing contract provision of sections
6 20 279.20, 279.23, and 279.24.
6 21 5. The initial board of the newly formed agency shall
6 22 prepare an annual budget estimating income and expenditures
6 23 for programs and services as provided in sections 273.1 to
6 24 273.9 and chapter 256B within the limits of funds provided
6 25 under section 256B.9 and chapter 257. The board shall give
6 26 notice of a public hearing on the proposed budget by
6 27 publication in an official county newspaper in each county in
6 28 the territory of the area education agency in which the
6 29 principal place of business of a school district that is a
6 30 part of the area education agency is located. The notice
6 31 shall specify the date, which shall not be later than March 1,
6 32 the time, and the location of the public hearing. The
6 33 proposed budget as approved by the board shall be submitted to
6 34 the state board, on forms provided by the department, no later
6 35 than March 15 for approval. The state board shall review the
7 1 proposed budget of the newly formed area education agency and
7 2 shall before April 1, either grant approval or return the
7 3 budget without approval with comments of the state board
7 4 included. An unapproved budget shall be resubmitted to the
7 5 state board for final approval not later than April 15. The
7 6 state board shall give final approval only to budgets
7 7 submitted by area education agencies accredited by the state
7 8 board or that have been given conditional accreditation by the
7 9 state board.
7 10 6. For the school year beginning on the effective date of
7 11 an area education agency reorganization as provided in this
7 12 division, the media services cost per pupil as determined
7 13 under section 257.37 for all districts in a newly formed area
7 14 education agency for the budget year shall be the highest
7 15 amount of media services cost per pupil for any of the
7 16 affected area education agencies.
7 17 7. For the school year beginning on the effective date of
7 18 an area education agency reorganization as provided in this
7 19 division, the educational services cost per pupil as
7 20 determined under section 257.37 for all districts in a newly
7 21 formed area education agency for the budget year shall be the
7 22 highest amount of educational services cost per pupil for any
7 23 of the affected area education agencies.
7 24 8. For the school year beginning on the effective date of
7 25 an area education agency reorganization as provided in this
7 26 division, the special education support services cost per
7 27 pupil shall be based upon the combined budgets for special
7 28 education support services of the area education agencies that
7 29 reorganized to form the newly formed area education agency,
7 30 divided by the total of the weighted enrollment for special
7 31 education support services in the reorganized area education
7 32 agency for the budget year.
7 33 Within one year of the effective date of the
7 34 reorganization, a newly formed area education agency shall
7 35 meet the accreditation requirements set forth in section
8 1 273.10, and the standards set forth in section 273.11. The
8 2 newly formed area education agency shall be considered
8 3 accredited for purposes of budget approval by the state board
8 4 pursuant to section 273.3. The state board shall inform the
8 5 newly formed area education agency of the accreditation on-
8 6 site visit schedule.
8 7 Sec. 5. NEW SECTION. 273.24 COMMISSION TO DISSOLVE AREA
8 8 EDUCATION AGENCY.
8 9 1. As an alternative to area education agency
8 10 reorganization prescribed in this division, the board of
8 11 directors of an area education agency may establish an area
8 12 education agency dissolution commission to prepare a proposal
8 13 of dissolution of the area education agency and attachment of
8 14 all of the area education agency to one or more contiguous
8 15 area education agencies and to include in the proposal a
8 16 division of the assets and liabilities of the dissolving area
8 17 education agency. If twenty percent or more of the school
8 18 districts within an area education agency file a petition by
8 19 March 1 with the area education agency board to consider
8 20 dissolving, the area education agency board shall consider the
8 21 request and vote on the petition. If a majority of the board
8 22 members vote to study dissolving the area education agency,
8 23 the agency board shall immediately begin a study to consider
8 24 such action effective by July 1 of the next calendar year or
8 25 the area education agency board may establish a dissolution
8 26 commission.
8 27 An area education agency dissolution commission established
8 28 by the board of directors of an area education agency shall
8 29 consist of a minimum of seven members appointed by the board
8 30 of directors of the area education agency for a term of office
8 31 ending either with a report to the board that no proposal can
8 32 be approved or on the date of the vote on the proposal.
8 33 Members of the dissolution commission must be board members of
8 34 school districts within the area served, not more than three
8 35 of whom may be members of the board of directors of the area
9 1 education agency. Members shall be appointed from throughout
9 2 the area served and should represent the various school
9 3 districts present in the area served.
9 4 Members of the dissolution commission shall serve without
9 5 compensation and may be appointed to a subsequent commission.
9 6 A vacancy on the commission shall be filled in the same manner
9 7 as the original appointment was made.
9 8 The board of the area education agency shall certify to the
9 9 department of education that a commission has been formed, the
9 10 names and addresses of commission members, and that the
9 11 commission members represent the various geographic areas and
9 12 socioeconomic elements present in the school districts that
9 13 the area serves.
9 14 Sec. 6. NEW SECTION. 273.25 MEETINGS.
9 15 The commission shall hold an organizational meeting not
9 16 more than fifteen days after its appointment and shall elect a
9 17 chairperson and vice chairperson from its membership.
9 18 Thereafter the commission may meet as often as deemed
9 19 necessary upon the call of the chairperson or a majority of
9 20 the commission members.
9 21 The commission shall request statements from contiguous
9 22 area education agencies outlining each agency's willingness to
9 23 accept attachments of the affected area education agency to
9 24 the contiguous agencies and what conditions, if any, the
9 25 contiguous agency recommends. The commission shall meet with
9 26 boards of contiguous area education agencies and with boards
9 27 of directors of the affected school districts to the extent
9 28 possible in drawing up the dissolution proposal. The
9 29 commission may seek assistance from the department of
9 30 education.
9 31 Sec. 7. NEW SECTION. 273.26 DISSOLUTION PROPOSAL.
9 32 Not later than one year following the date of the
9 33 organizational meeting of the commission, the commission shall
9 34 send a copy of its dissolution proposal to the affected area
9 35 education agency board or shall inform the affected area
10 1 education agency board that it cannot agree upon a dissolution
10 2 proposal. The commission shall also send a copy of the
10 3 dissolution proposal by certified mail to the boards of
10 4 directors of all school districts and other area education
10 5 agencies affected. If the board of a school district or the
10 6 board of an area education agency affected by the dissolution
10 7 proposal objects to the proposal, either board shall send its
10 8 objections in writing to the commission within ten days
10 9 following receipt of the dissolution proposal. The commission
10 10 may consider the objections and may modify the dissolution
10 11 proposal. If the dissolution proposal is modified, the
10 12 commission shall notify by certified mail the boards of
10 13 directors of all area education agencies to which an area of
10 14 the affected area education agency will be attached and shall
10 15 notify by certified mail the board of directors of all school
10 16 districts in the affected area education agencies.
10 17 If the commission cannot agree upon a dissolution proposal
10 18 prior to the expiration of its term, the affected area
10 19 education agency board may appoint a new commission.
10 20 Sec. 8. NEW SECTION. 273.27 HEARING – VOTE – STATE
10 21 BOARD APPROVAL.
10 22 1. Within ten days following the filing of the dissolution
10 23 proposal with the affected area education agency board, the
10 24 affected board shall fix a date for a hearing on the proposal
10 25 which shall not be more than sixty days after the dissolution
10 26 petition was filed with the affected board. The affected
10 27 board shall publish notice of the date, time, and location of
10 28 the hearing at least ten days prior to the date of the hearing
10 29 by one publication in a newspaper in general circulation in
10 30 the area. The notice shall include the content of the
10 31 dissolution proposal. Representatives of school districts in
10 32 the area served may present evidence and arguments at the
10 33 hearing. The president of the affected board shall preside at
10 34 the hearing. The affected board shall review testimony from
10 35 the hearing and shall adopt or amend and adopt the dissolution
11 1 proposal.
11 2 The affected board shall notify by certified mail the
11 3 boards of directors of all school districts in the affected
11 4 area education agency and the contiguous area education
11 5 agencies to which the districts of the affected area education
11 6 agency will be attached and the director of the department of
11 7 education of the contents of the dissolution proposal adopted
11 8 by the affected board.
11 9 2. Within thirty days of the hearing, the affected board
11 10 shall call a director district convention, which shall include
11 11 the boards of directors in the area served by the area
11 12 education agencies to which an area of the affected area
11 13 education agency will be attached under the dissolution
11 14 proposal, for the purpose of voting on the dissolution
11 15 proposal.
11 16 3. If the dissolution proposal is approved by a majority
11 17 of all directors voting on the proposal, the proposal shall be
11 18 forwarded to the state board by November 1. The state board
11 19 shall review the dissolution plan proposal and shall prior to
11 20 January 1 either grant approval for the proposal or return the
11 21 proposal with recommendations. An unapproved proposal may be
11 22 resubmitted with modifications to the state board not later
11 23 than February 1. A proposal shall take effect on July 1 of
11 24 the fiscal year following the date of approval by the state
11 25 board.
11 26 EXPLANATION
11 27 This bill permits two or more area education agencies to
11 28 voluntarily reorganize, allows an area education agency to
11 29 initiate dissolution procedures, or requires that an area
11 30 education agency initiate dissolution procedures if petitioned
11 31 by at least 20 percent of the board members serving on each
11 32 school district board within the area served.
11 33 Reorganization and attachment of an affected area education
11 34 agency's area can only take place under the bill if the areas
11 35 affected are contiguous, 20 percent of the school districts
12 1 within the affected area education agencies file a petition
12 2 for reorganization, a majority of the members of the affected
12 3 area education agency boards approve the reorganization, or in
12 4 the case of dissolution, if a majority of the members of the
12 5 affected school districts voting approve of the dissolution.
12 6 PLANNING. The area education agency boards contemplating a
12 7 voluntary reorganization must develop and conduct studies of
12 8 the agency resources and program, survey the school districts
12 9 to determine current and future needs, hold public hearings,
12 10 and consult with the director of the department of education
12 11 in the development of surveys and plans.
12 12 The plan developed must demonstrate improved efficiency and
12 13 effectiveness, include a preliminary budget for reorganized
12 14 areas, document public comment, and provide for a board of
12 15 directors.
12 16 ASSETS AND LIABILITIES. The assets and liabilities of the
12 17 affected area education agencies become the responsibility of
12 18 the board of the newly formed area education agency.
12 19 DEPARTMENTAL REVIEW. The state board of education shall
12 20 review the plan and grant approval for the program or return
12 21 the plan with the state board's recommendations. An approved
12 22 plan takes effect on the following July 1.
12 23 CONTRACTS AND COLLECTIVE BARGAINING. Current contracts for
12 24 the administrator and teachers of an affected area education
12 25 agency are to be preserved in the formation of the new area
12 26 education agency. The collective bargaining agreement of the
12 27 area education agency with the largest basic enrollment for
12 28 the year prior to the reorganization serves as the base
12 29 agreement.
12 30 SCHOOL DISTRICT PETITION TO ANOTHER AGENCY. The bill
12 31 permits the board of directors of a school district contiguous
12 32 to a newly reorganized area education agency to petition to
12 33 join the board of directors of a contiguous area education
12 34 agency.
12 35 INITIAL BOARD. The bill provides for the appointment of
13 1 area education agency directors to the initial board of the
13 2 newly reorganized agency. The initial board must call a
13 3 director district convention to elect members of the regular
13 4 board. The initial board has control of the employment of all
13 5 personnel for the newly formed agency for the ensuing school
13 6 year, and may establish policy, enter into contracts, and
13 7 complete such planning and take such action as is essential
13 8 for the efficient management of the newly formed area
13 9 education agency.
13 10 ACCREDITATION. A newly formed area education agency shall
13 11 meet the accreditation requirements and standards set forth in
13 12 statute within one year of the effective date of
13 13 reorganization. The new agency is considered accredited for
13 14 purposes of budget approval by the state board. The state
13 15 board must inform the new agency of the accreditation on-site
13 16 visit schedule.
13 17 DISSOLUTION. The bill requires that a dissolution
13 18 commission be established by the board of directors of an area
13 19 education agency if a dissolution proposal has been prepared
13 20 by area school boards, accompanied by a petition signed by at
13 21 least 20 percent of the school district boards within the area
13 22 served.
13 23 DISSOLUTION COMMISSION. The commission must request
13 24 statements from contiguous agencies outlining each agency's
13 25 willingness to accept territory attachments and is required to
13 26 meet with boards of contiguous agencies and with local school
13 27 boards in drawing up the dissolution proposal.
13 28 Within one year, the commission must either send a copy of
13 29 its dissolution proposal or inform the affected area education
13 30 agency board that it cannot agree upon a dissolution proposal.
13 31 An agency board that objects to an attachment of area must
13 32 send its objections in writing to the commission within 10
13 33 days, and the commission may modify the dissolution proposal.
13 34 A new commission may be formed if agreement cannot be reached
13 35 on a dissolution proposal.
14 1 DISSOLUTION HEARING. Within 10 days following the filing
14 2 of the dissolution proposal, the affected board must fix a
14 3 date and publish notice for a hearing. The affected board
14 4 must review hearing testimony and adopt or amend and adopt the
14 5 dissolution proposal.
14 6 VOTE BY SCHOOL BOARD MEMBERS. Within 30 days of the
14 7 hearing, the school boards of districts located within the
14 8 affected area education agency and within the area served by
14 9 area education agencies to which area of the affected area
14 10 education agency will be attached shall vote on the
14 11 dissolution proposal. The dissolution proposal must pass by a
14 12 simple percent of the votes cast. An approved dissolution
14 13 proposal must be forwarded to the state board for approval by
14 14 November 1.
14 15 LSB 2600HC 79
14 16 kh/pj/5
Text: HSB00217 Text: HSB00219 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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