SSB 3181 (LSB 6177XC (1) 87)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON EDUCATION BILL BY CHAIRPERSON SINCLAIR)

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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 275.5, Code 2018, is amended to read as follows:
   275.5  Proposals for merger or consolidation.
   A proposal for merger, consolidation, or boundary change of local school districts shall first be submitted to the area education agency board following the procedure prescribed in this chapter. Following receipt of a petition pursuant to section 275.11A or section 275.12, the area education agency board shall review its plans and determine whether the petition complies with the plans which had been adopted by the board. If the petition does not comply with the plans which had been adopted by the board, the board shall conduct further surveys pursuant to section 275.4 prior to the date set for the hearing upon the petition. If further surveys have been conducted by the board, the board shall present the results of the further surveys at the hearing upon the petition.
    Sec. 2.  Section 275.11, Code 2018, is amended to read as follows:
   275.11  Proposals involving two or more districts.
   1.  Subject to the approval of the area education agency board, contiguous or marginally adjacent territory located in two or more school districts may be united into a single district in the manner provided in sections 275.12 to 275.22.
   2.  Subject to the approval of the area education agency board, a portion of a school district may be severed and attached to a different school district that contains territory contiguous or marginally adjacent to the portion of the territory to be attached in the manner provided in section 275.11A, and sections 275.13 through 275.22 insofar as applicable and appropriate to a petition filed pursuant to section 275.11A.
    Sec. 3.  NEW SECTION.  275.11A  Petition for severance and attachment —— election.
   1.  Eligible electors of a school district may petition for a boundary change that requests the severance of a portion of the school district’s territory and attachment of such portion to an existing contiguous or marginally adjacent school district. The petition shall be filed with the area education agency administrator in the school district where the territory is located. Notice of the filing, including a copy of the petition, shall be served upon the boards of directors of the school districts affected by the proposed boundary change.
   2.  a.  The petition must be signed by eligible electors residing in the school district that contains the territory that is to be severed equal in number to at least twenty percent of the number of registered voters in the school district, or four hundred eligible electors, whichever is the smaller number.
   b.  The petition shall describe the proposed boundary change, accurately describing the area included by legal descriptions, of the affected school districts, which boundaries or area described shall conform to plans developed or the petition shall request change of the plan, shall be filed with the area education agency administrator of the area education agency in which the greatest number of registered voters reside.
   c.  The area education agency administrator shall not accept a petition if any of the school districts affected have approved the issuance of general obligation bonds at an election pursuant to section 296.6 during the preceding six-month period. 
   3.  The area education agency board, in reviewing a petition as provided in this section, may change or amend the proposal in any manner. The review conducted by the area education agency, including any resulting change to the proposal, shall ensure that the estimated revenue under section 423F.2 of the district where the territory to be severed is located is sufficient for the payment of principal and interest on the outstanding bonds required to be paid in the budget year following the severance.
    Sec. 4.  Section 275.13, Code 2018, is amended to read as follows:
   275.13  Affidavit —— presumption.
   Such A petition filed under section 275.11A or section 275.12 shall be accompanied by an affidavit showing the number of registered voters living in each affected district or portion thereof described in the petition and signed by a registered voter residing in the territory, and if parts of the territory described in the petition are situated in different area education agencies, the affidavit shall show separately as to each agency, the number of registered voters in the part of the agency included in the territory described. The affidavit shall be taken as true unless objections to it are filed on or before the time fixed for filing objections as provided in section 275.14 hereof.
    Sec. 5.  Section 275.20, Code 2018, is amended to read as follows:
   275.20  Separate vote in existing districts.
   1.  The voters shall vote separately in each existing school district affected and voters residing in the entire existing district are eligible to vote upon the proposition to create a new school corporation and on any additional provision authorized pursuant to section 275.12, subsection 6. If a the proposition receives a majority of the votes cast in each of at least seventy-five percent of the districts, and also a majority of the total number of votes cast in all of the districts, the proposition is carried.
   2.  Notwithstanding subsection 1, if the proposition is a boundary change as described in section 275.11A, the registered voters residing in the entire existing district to which the territory will be attached are eligible to vote on the proposition, and the registered voters residing in the territory that is to be severed are eligible to vote on the proposition. If the proposition receives a majority of the votes cast in the existing district to which the territory will be attached and a majority of the votes cast in the territory that is to be severed, the proposition is carried.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill modifies Code chapter 275, which provides for the reorganization of school districts, to specify that a boundary change may be petitioned for and caused by the severance of territory from a school district and the attachment of the territory to a different school district that contains territory contiguous or marginally adjacent to the portion that is proposed to be attached, and by specifying procedures. A petition signed by eligible electors of the school district where the territory to be severed is located may be filed with the area education agency (AEA). 
   The number of eligible electors signing the petition must be equal in number to 20 percent of the number of registered voters in the school district or 400 eligible electors, whichever is the smaller number. The bill provides that notice of the filing, including a copy of the petition, must be served upon the boards of directors of the affected school districts. The procedures relating to filing a petition for boundary change, filing objections, holding hearings and a special election, and separate voting in the existing districts or territories, must be followed in the manner provided in Code sections 275.13 through 275.22, insofar as applicable and appropriate to a petition filed pursuant to the bill.
   As provided in current law, the AEA administrator shall not accept a petition if any of the school districts affected have approved the issuance of general obligation bonds at an election during the preceding six-month period.
   The AEA board shall review the proposal, including the impact on school infrastructure funding for the school district where the territory to be severed is located, and may change or amend the proposal in any manner.
   If the petition is approved by the AEA, an election shall be held on the proposition and only the registered voters in the territory to be severed and the registered voters of the existing district to which the territory will be attached are eligible to vote on the proposition. If the proposition receives a majority of the votes in the existing district and a majority of votes in the territory that is to be severed, the proposition is carried.