House Amendment 1055


PAG LIN




     1  1    Amend House File 118 as follows:
     1  2 #1.  By striking everything after the enacting
     1  3 clause and inserting the following:
     1  4    <Section 1.  Section 275.15, unnumbered paragraph
     1  5 1, Code 2005, is amended to read as follows:
     1  6    At the hearing, which shall be held within ten days
     1  7 of the final date set for filing objections,
     1  8 interested parties, both petitioners and objectors,
     1  9 may present evidence and arguments, and the area
     1 10 education agency board shall review the matter on its
     1 11 merits and within.  Within ten days after the
     1 12 conclusion of any hearing, shall rule on the
     1 13 objections and the area education agency board shall
     1 14 rule on the objections and shall issue its
     1 15 recommendations regarding the boundaries.  Within
     1 16 sixty days after the issuance of its recommendations,
     1 17 the area education agency board shall enter an order
     1 18 fixing the boundaries for the proposed school
     1 19 corporation as will in its judgment be for the best
     1 20 interests of all parties concerned, having due regard
     1 21 for the welfare of adjoining districts, or dismiss the
     1 22 petition.  However, if an appeal has been filed with
     1 23 the state board of education pursuant to section
     1 24 275.17A, subsection 5, the area education agency board
     1 25 shall not enter an order fixing the boundaries until
     1 26 the state board issues its final decision.
     1 27    Sec. 2.  NEW SECTION.  275.17A  PETITION TO JOIN
     1 28 CONTIGUOUS SCHOOL DISTRICT.
     1 29    1.  For the school year commencing July 1, 2006,
     1 30 and each succeeding school year, a person owning land
     1 31 within the territory described in a petition filed in
     1 32 accordance with section 275.12 may, within fifteen
     1 33 days after the publication of a board ruling and
     1 34 issuance of its recommendations regarding the
     1 35 boundaries under section 275.15 or, if a controversy
     1 36 arises and a party brings the controversy to the
     1 37 department of education under section 275.16, within
     1 38 twenty days after the decision of the department of
     1 39 education under section 275.16, petition the
     1 40 appropriate area education agency administrator to
     1 41 join a school district that is contiguous to the
     1 42 person's land.
     1 43    2.  Any person owning land that is contiguous to
     1 44 the land owned by a person who files a petition to
     1 45 join a contiguous school district in accordance with
     1 46 subsection 1 may also file a petition to join the same
     1 47 school district within the same time period specified
     1 48 in subsection 1.  However, not more than five
     1 49 petitions submitted pursuant to this subsection shall
     1 50 be approved by a school district under subsection 3.
     2  1    3.  The board of directors of a school district
     2  2 that receives a petition to join the school district
     2  3 in accordance with subsections 1 and 2 shall take
     2  4 action on the petition within thirty days of the
     2  5 filing.  Petitions shall be reviewed on a first come,
     2  6 first served basis.  Petitions may only be approved
     2  7 until the property tax valuation of the land described
     2  8 in the petitions exceeds five percent of the property
     2  9 tax valuation of the proposed reorganized area.  If a
     2 10 petition is approved by the board, the board shall
     2 11 notify the secretary of state and the area education
     2 12 agency in the proposed reorganized area of its
     2 13 approval within ten days of its action and the
     2 14 secretary of state shall redraw the boundaries
     2 15 specified for the proposed reorganized area to remove
     2 16 the land area specified in the petition.
     2 17    4.  If the property tax valuation of the land
     2 18 excluded from the proposed reorganized area in
     2 19 accordance with this section reaches five percent of
     2 20 the property tax valuation of the proposed reorganized
     2 21 area, the area education agency in the proposed
     2 22 reorganized area shall notify the board of directors
     2 23 of the school district that the property tax valuation
     2 24 limit specified in subsection 3 has been reached.
     2 25    5.  The board of directors of a school district may
     2 26 appeal the decision of the contiguous school district
     2 27 to the state board of education under chapter 290.
     2 28    6.  If the proposed reorganized area as redrawn by
     2 29 the secretary of state is determined by the area
     2 30 education agency board to comply with the plans which
     2 31 were adopted by the board in accordance with section
     2 32 275.5, the area education administrator shall proceed
     2 33 as provided under section 275.18.
     2 34    Sec. 3.  Section 275.54, unnumbered paragraph 2,
     2 35 Code 2005, is amended to read as follows:
     2 36    If Except as provided in section 275.54A, if a
     2 37 dissolution proposal adopted by a board contains
     2 38 provisions that ninety=five percent or more of the
     2 39 taxable valuation of the dissolving district would be
     2 40 assumed and attached to a single school district, the
     2 41 dissolving school district shall cease further
     2 42 proceedings to dissolve and shall comply with
     2 43 reorganization procedures specified in this chapter.
     2 44    Sec. 4.  NEW SECTION.  275.54A  PETITION TO JOIN A
     2 45 CONTIGUOUS SCHOOL DISTRICT.
     2 46    1.  Not later than twenty days following the date
     2 47 of the final hearing on the dissolution proposal, a
     2 48 person owning land within the territory described in
     2 49 the petition may petition the appropriate area
     2 50 education agency administrator to join a school
     3  1 district that is contiguous to the person's land.
     3  2    2.  Any person owning land that is contiguous to
     3  3 the land owned by a person who files a petition to
     3  4 join a contiguous school district in accordance with
     3  5 subsection 1 may also file a petition to join the same
     3  6 school district within the same time period specified
     3  7 in subsection 1.
     3  8    3.  The board of directors of a school district
     3  9 that receives a petition to join the school district
     3 10 in accordance with this section shall take action on
     3 11 the petition within fifteen days of the filing.  If a
     3 12 petition is approved by the board, the board shall
     3 13 notify the appropriate area education agency
     3 14 administrator and that portion of the dissolution
     3 15 proposal shall not be included in the proposal voted
     3 16 upon under section 275.55 and the director of the
     3 17 department of education shall attach the area to the
     3 18 contiguous school district.>
     3 19 #2.  Title page, line 1, by inserting after the
     3 20 word <reorganization> the following:  <and
     3 21 dissolution>.
     3 22 #3.  Title page, line 2, by inserting after the
     3 23 word <reorganizing> the following:  <or dissolving>.
     3 24
     3 25
     3 26                               
     3 27 COMMITTEE ON EDUCATION
     3 28 TYMESON of Madison, Chairperson
     3 29 HF 118.302 81
     3 30 kh/cf/1910

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