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H0520..........................................................by EDUCATION
SCHOOLS - CONTINUANCE - Amends existing law to require that a majority vote
shall decide the election for continuance or discontinuance of a school.
02/07 House intro - 1st rdg - to printing
02/08 Rpt prt - to Educ
03/01 Rpt out - rec d/p - to 2nd rdg
03/02 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 59-3-8
AYES -- Alltus, Barraclough, Bell, Bieter, Black, Bruneel, Callister,
Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Geddes, Gould, Hammond, Hansen(29),
Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell,
Lake, Linford, Loertscher, Meyer, Montgomery, Mortensen, Moss, Moyle,
Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer(Tiegs), Sellman, Shepherd, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Trail, Zimmermann, Mr Speaker
NAYS -- Barrett, McKague, Wood
Absent and excused -- Boe, Gagner, Hadley, Hansen(23), Kunz, Mader,
Marley, Wheeler
Floor Sponsor - Hansen(29)
Title apvd - to Senate
03/07 Senate intro - 1st rdg - to Educ
03/15 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/29 3rd rdg - PASSED - 28-0-7
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Darrington, Davis, Deide, Dunklin, Frasure, Hawkins, Ingram,
Ipsen, Keough, King-Barrutia, Lee, Noh, Richardson, Riggs, Schroeder,
Sorensen, Stegner, Stennett, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Danielson, Geddes, McLaughlin, Parry, Risch,
Sandy, Thorne
Floor Sponsor - Davis
Title apvd - to House
03/30 To enrol
03/31 Rpt enrol - Sp signed
04/03 Pres signed - to Governor
04/17 Governor signed
Session Law Chapter 424
Effective: 04/17/00
H0520
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 520
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO MAINTENANCE OF SCHOOLS; AMENDING SECTION 33-511, IDAHO CODE, TO
3 REQUIRE THAT A MAJORITY VOTE SHALL DECIDE THE ELECTION FOR CONTINUANCE OR
4 DISCONTINUANCE OF A SCHOOL; AND DECLARING AN EMERGENCY.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 33-511, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 33-511. MAINTENANCE OF SCHOOLS. The board of trustees of each school dis-
9 trict shall have the following powers and duties:
10 1. Each elementary school district shall maintain at least one (1) ele-
11 mentary school, and each other school district shall maintain at least one (1)
12 elementary school and one (1) secondary school;
13 2. To employ necessary help and labor to maintain and operate the schools
14 of the district;
15 3. To discontinue any school within the district whenever it shall find
16 such discontinuance to be in the best interests of the district and of the
17 pupils therein. For the purposes of this section, discontinuing a school shall
18 mean no longer maintaining a school of any kind, at the same location, except
19 in the case of secondary units as herein provided.
20 When any school proposed to be discontinued is one which was operated and
21 maintained by a former district now wholly incorporated within the boundaries
22 of the district operated by said board of trustees, and, immediately following
23 reorganization and the dissolution of said former district such school has
24 been continuously operated and maintained at the same location by the pres-
25 ently organized district, the board of trustees must first give notice of such
26 proposal not later than the first day of July next preceding the date of the
27 proposed discontinuance. Such notice shall be posted, and published once, in
28 the manner provided in section 33-401, Idaho Code, and shall identify the
29 school proposed to be discontinued.
30 If, not later than the first day of August following the posting and pub-
31 lishing of the notice of discontinuance, five (5) or more qualified school
32 district electors residing within the school district shall petition the board
33 of trustees for an election to be held within the school district on the ques-
34 tion of discontinuance of that school, the board of trustees shall forthwith
35 order an election to be held within fourteen (14) days of the date of said
36 order, and shall give notice of the election.
37 Notice of such election shall be posted at or near the main door of the
38 school proposed to be discontinued and at or near the main door of the admin-
39 istrative offices of the school district, and shall also be published in one
40 (1) issue of a newspaper printed in the county in which is situate the school
41 proposed to be discontinued. The notice shall state the date the election is
42 to be held, the place of voting, and the hours between which the polls shall
43 be open. In addition, the notice of election shall describe the area of the
2
1 particular attendance unit of the school district and shall identify the
2 school proposed to be discontinued; and it shall state that only qualified
3 school district electors residing within the school district may vote on the
4 question of discontinuing the school.
5 The election shall be held within the school district and there shall be
6 submitted to the electors a ballot containing the proposal:
7 For discontinuing the school located at ....,
8 Against discontinuing the school located at .....
9 If two-thirds (2/3) a majority of the qualified electors, hereinabove
10 defined and voting in the election, shall vote against discontinuing that
11 school, then said school shall not be discontinued; and no proposal to discon-
12 tinue the same school shall be made by the board of trustees of the district
13 within nine (9) months after the date of the election.
14 If a secondary unit which the trustees of a district propose to close is
15 more than thirty (30) miles by all-weather road from the attendance unit to
16 which it is proposed to transfer such students, then, notwithstanding other
17 provisions of this section, five (5) electors residing within the attendance
18 area of the unit proposed to be closed may, as provided by this section, peti-
19 tion the board of trustees requesting an election to determine whether or not
20 such attendance unit, or any portion of it, shall be closed. The board shall
21 forthwith call and hold an election as herein provided. However, for the pur-
22 pose of this section relating to the secondary attendance unit thirty (30)
23 miles or more distant from another secondary attendance unit, only the patrons
24 resident in this attendance area shall be eligible to vote. The election shall
25 be deemed passed and the unit shall not be closed if two-thirds (2/3) a major-
26 ity of those voting in the election vote in favor of retaining the attendance
27 unit.
28 SECTION 2. An emergency existing therefor, which emergency is hereby
29 declared to exist, this act shall be in full force and effect on and after its
30 passage and approval.
STATEMENT OF PURPOSE
RS 09703
The purpose of this legislation is to change the vote from two-thirds to a majority
of the electors to override the Board of Trustees to close a school.
FISCAL IMPACT
None
Contact
Name: Representative Reed Hansen
Phone: 332 1000
I
STATEMENT OF PURPOSE/FISCAL NOTE H 520