House File 2048 - Introduced
HOUSE FILE
BY GRANZOW
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to school reorganization and dissolution by
2 allowing certain landowners in a reorganizing or dissolving
3 school district to petition to join a contiguous school
4 district.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 5038YH 81
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PAG LIN
1 1 Section 1. Section 275.15, unnumbered paragraph 1, Code
1 2 2005, is amended to read as follows:
1 3 At the hearing, which shall be held within ten days of the
1 4 final date set for filing objections, interested parties, both
1 5 petitioners and objectors, may present evidence and arguments,
1 6 and the area education agency board shall review the matter on
1 7 its merits and within. Within ten days after the conclusion
1 8 of any hearing, shall rule on the objections and the area
1 9 education agency board shall rule on the objections and shall
1 10 issue its recommendations regarding the boundaries. Within
1 11 sixty days after the issuance of its recommendations, the area
1 12 education agency board shall enter an order fixing the
1 13 boundaries for the proposed school corporation as will in its
1 14 judgment be for the best interests of all parties concerned,
1 15 having due regard for the welfare of adjoining districts, or
1 16 dismiss the petition. However, if an appeal has been filed
1 17 with the state board of education pursuant to section 275.17A,
1 18 subsection 5, the area education agency board shall not enter
1 19 an order fixing the boundaries until the state board issues
1 20 its final decision.
1 21 Sec. 2. NEW SECTION. 275.17A PETITION TO JOIN CONTIGUOUS
1 22 SCHOOL DISTRICT.
1 23 1. For the school year commencing July 1, 2007, and each
1 24 succeeding school year, a person owning land within the
1 25 territory described in a petition filed in accordance with
1 26 section 275.12 may, within fifteen days after the publication
1 27 of a board ruling and issuance of its recommendations
1 28 regarding the boundaries under section 275.15 or, if a
1 29 controversy arises and a party brings the controversy to the
1 30 department of education under section 275.16, within twenty
1 31 days after the decision of the department of education under
1 32 section 275.16, petition the appropriate area education agency
1 33 administrator to join a school district that is contiguous to
1 34 the person's land.
1 35 2. Any person owning land that is contiguous to the land
2 1 owned by a person who files a petition to join a contiguous
2 2 school district in accordance with subsection 1 may also file
2 3 a petition to join the same school district within the same
2 4 time period specified in subsection 1.
2 5 3. The board of directors of a school district that
2 6 receives a petition to join the school district in accordance
2 7 with this section shall take action on the petition within
2 8 thirty days of the filing. Petitions shall be reviewed on a
2 9 first come, first served basis. Petitions may only be
2 10 approved until the property tax valuation of the land
2 11 described in the petitions exceeds five percent of the
2 12 property tax valuation of the proposed reorganized area. If a
2 13 petition is approved by the board, the board shall notify the
2 14 secretary of state and the area education agency in the
2 15 proposed reorganized area of its approval within ten days of
2 16 its action and the secretary of state shall redraw the
2 17 boundaries specified for the proposed reorganized area to
2 18 remove the land area specified in the petition.
2 19 4. If the property tax valuation of the land excluded from
2 20 the proposed reorganized area in accordance with this section
2 21 reaches five percent of the property tax valuation of the
2 22 proposed reorganized area, the area education agency in the
2 23 proposed reorganized area shall notify the board of directors
2 24 of the school district that the property tax valuation limit
2 25 specified in subsection 3 has been reached.
2 26 5. The board of directors of a school district may appeal
2 27 the decision of the contiguous school district to the state
2 28 board of education under chapter 290.
2 29 6. If the proposed reorganized area as redrawn by the
2 30 secretary of state is determined by the area education agency
2 31 board to comply with the plans which were adopted by the board
2 32 in accordance with section 275.5, the area education
2 33 administrator shall proceed as provided under section 275.18.
2 34 Sec. 3. Section 275.54, unnumbered paragraph 2, Code 2005,
2 35 is amended to read as follows:
3 1 If Except as provided in section 275.54A, if a dissolution
3 2 proposal adopted by a board contains provisions that ninety=
3 3 five percent or more of the taxable valuation of the
3 4 dissolving district would be assumed and attached to a single
3 5 school district, the dissolving school district shall cease
3 6 further proceedings to dissolve and shall comply with
3 7 reorganization procedures specified in this chapter.
3 8 Sec. 4. NEW SECTION. 275.54A PETITION TO JOIN A
3 9 CONTIGUOUS SCHOOL DISTRICT.
3 10 1. Not later than twenty days following the date of the
3 11 final hearing on the dissolution proposal, a person owning
3 12 land within the territory described in the proposal may
3 13 petition the appropriate area education agency administrator
3 14 to join a school district that is contiguous to the person's
3 15 land.
3 16 2. Any person owning land that is contiguous to the land
3 17 owned by a person who files a petition to join a contiguous
3 18 school district in accordance with subsection 1 may also file
3 19 a petition to join the same school district within the same
3 20 time period specified in subsection 1.
3 21 3. The board of directors of a school district that
3 22 receives a petition to join the school district in accordance
3 23 with this section shall take action on the petition within
3 24 fifteen days of the filing. If a petition is approved by the
3 25 board, the board shall notify the appropriate area education
3 26 agency administrator and that portion of the dissolution
3 27 proposal shall not be included in the proposal voted upon
3 28 under section 275.55 and the director of the department of
3 29 education shall attach the area to the contiguous school
3 30 district.
3 31 EXPLANATION
3 32 This bill provides a process by which a landowner may
3 33 petition to join a contiguous school district when the
3 34 person's land is located within the boundaries of a school
3 35 district that is reorganizing or dissolving.
4 1 Beginning July 1, 2007, a person owning land within the
4 2 territory described for a proposed reorganized area may file a
4 3 petition to join a school district that is contiguous to the
4 4 person's land and if the school district approves the request,
4 5 the land is excluded from the proposed reorganized area.
4 6 Further, the bill allows any other person whose land is
4 7 contiguous to that of the landowner whose land is contiguous
4 8 to the school district and who is eligible to file a petition
4 9 to join the contiguous school district, to file a petition to
4 10 join the same school district. A petition to join a
4 11 contiguous school district must be filed by the landowner
4 12 within 15 days after an area education agency board has held
4 13 hearings and issued its recommendations regarding any
4 14 objections to the reorganization or, if the decision of the
4 15 board is appealed to the department of education, within 20
4 16 days after the decision of the department.
4 17 If the petition to join is approved by the school board,
4 18 the board shall notify the area education agency for the
4 19 reorganized area and the secretary of state of its approval
4 20 and the secretary of state shall redraw the boundaries
4 21 specified for the proposed reorganized area to remove the land
4 22 area specified in the petition to join and, if the redrawn
4 23 proposed reorganized area is determined by the area education
4 24 agency board to comply with the reorganization plans, the
4 25 administrator is directed to proceed with the reorganization
4 26 process. The bill permits a school district to appeal the
4 27 decision of the contiguous school district to the state board
4 28 of education.
4 29 However, the property tax valuation of the land excluded
4 30 from the proposed reorganized area in accordance with the bill
4 31 shall not exceed 5 percent of the property tax valuation of
4 32 the proposed reorganized area.
4 33 The bill also allows a landowner, within 20 days following
4 34 the date of the final hearing on the dissolution proposal
4 35 submitted by a school board dissolution commission, to
5 1 petition the appropriate area education agency administrator
5 2 to join a contiguous school district. A landowner contiguous
5 3 to the landowner submitting a petition may also petition to
5 4 join the contiguous school district. The contiguous school
5 5 district has 15 days to take action on the petition. If the
5 6 school district approves the petition, the area education
5 7 agency shall be notified and the landowner's territory shall
5 8 be excluded from the dissolution proposal.
5 9 LSB 5038YH 81
5 10 kh:rj/gg/14