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S1485................................................by JUDICIARY AND RULES
SECONDARY SCHOOLS - CLOSURE - Amends existing law to provide that in
proposed closure of public secondary schools which are thirty miles or more
distant from another public secondary attendance school, that only patrons
resident in this attendance area shall be eligible to vote in an election
regarding the closure, except for attendance units, or portions of them,
created after January 1, 2002, in which case qualified school district
electors throughout the school district shall be eligible to vote.
02/28 Senate intro - 1st rdg - to printing
03/01 Rpt prt - to Educ
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Burtenshaw
Title apvd - to House
03/12 House intro - 1st rdg - to Educ
03/13 Rpt out - rec d/p - to 2nd rdg
03/14 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 64-0-6
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Block,
Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins,
Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Jaquet,
Jones, Kellogg, Kendell, Kunz, Lake, Langford, Mader, Martinez,
McKague, Meyer, Mortensen, Moyle, Pearce, Pischner, Pomeroy,
Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Shepherd,
Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail,
Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Black, Field(20), Hornbeck, Loertscher,
Montgomery, Sellman
Floor Sponsor - Aikele
Title apvd - to Senate
03/15 To enrol
03/18 Rpt enrol - Pres signed - Sp signed
03/18 To Governor
03/26 Governor signed
Session Law Chapter 317
Effective: 01/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1485
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO CLOSURE OF SCHOOLS; AMENDING SECTION 33-511, IDAHO CODE, RELATING
3 TO THE PROPOSED CLOSURE OF SECONDARY UNITS THIRTY MILES OR MORE DISTANT
4 FROM ANOTHER SECONDARY ATTENDANCE UNIT, ONLY THE PATRONS RESIDENT IN THIS
5 ATTENDANCE AREA SHALL BE ELIGIBLE TO VOTE IN AN ELECTION REGARDING THE
6 CLOSURE EXCEPT FOR ATTENDANCE UNITS, OR PORTIONS OF THEM, CREATED AFTER
7 JANUARY 1, 2002, IN WHICH CASE QUALIFIED SCHOOL DISTRICT ELECTORS THROUGH-
8 OUT THE SCHOOL DISTRICT SHALL BE ELIGIBLE TO VOTE; DECLARING AN EMERGENCY
9 AND PROVIDING RETROACTIVE APPLICATION.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 33-511, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 33-511. MAINTENANCE OF SCHOOLS. The board of trustees of each school dis-
14 trict shall have the following powers and duties:
15 1. Each elementary school district shall maintain at least one (1) ele-
16 mentary school, and each other school district shall maintain at least one (1)
17 elementary school and one (1) secondary school;
18 2. To employ necessary help and labor to maintain and operate the schools
19 of the district;
20 3. To discontinue any school within the district whenever it shall find
21 such discontinuance to be in the best interests of the district and of the
22 pupils therein. For the purposes of this section, discontinuing a school shall
23 mean no longer maintaining a school of any kind, at the same location, except
24 in the case of secondary units as herein provided.
25 When any school proposed to be discontinued is one which was operated and
26 maintained by a former district now wholly incorporated within the boundaries
27 of the district operated by said board of trustees, and, immediately following
28 reorganization and the dissolution of said former district such school has
29 been continuously operated and maintained at the same location by the pres-
30 ently organized district, the board of trustees must first give notice of such
31 proposal not later than the first day of July next preceding the date of the
32 proposed discontinuance. Such notice shall be posted, and published once, in
33 the manner provided in section 33-401, Idaho Code, and shall identify the
34 school proposed to be discontinued.
35 If, not later than the first day of August following the posting and pub-
36 lishing of the notice of discontinuance, five (5) or more qualified school
37 district electors residing within the school district shall petition the board
38 of trustees for an election to be held within the school district on the ques-
39 tion of discontinuance of that school, the board of trustees shall forthwith
40 order an election to be held within fourteen (14) days of the date of said
41 order, and shall give notice of the election.
42 Notice of such election shall be posted at or near the main door of the
43 school proposed to be discontinued and at or near the main door of the admin-
2
1 istrative offices of the school district, and shall also be published in one
2 (1) issue of a newspaper printed in the county in which is situate the school
3 proposed to be discontinued. The notice shall state the date the election is
4 to be held, the place of voting, and the hours between which the polls shall
5 be open. In addition, the notice of election shall describe the area of the
6 particular attendance unit of the school district and shall identify the
7 school proposed to be discontinued; and it shall state that only qualified
8 school district electors residing within the school district may vote on the
9 question of discontinuing the school.
10 The election shall be held within the school district and there shall be
11 submitted to the electors a ballot containing the proposal:
12 For discontinuing the school located at ....,
13 Against discontinuing the school located at .....
14 If a majority of the qualified electors, hereinabove defined and voting in
15 the election, shall vote against discontinuing that school, then said school
16 shall not be discontinued; and no proposal to discontinue the same school
17 shall be made by the board of trustees of the district within nine (9) months
18 after the date of the election.
19 If a secondary unit which the trustees of a district propose to close is
20 more than thirty (30) miles by all-weather road from the attendance unit to
21 which it is proposed to transfer such students, then, notwithstanding other
22 provisions of this section, five (5) electors residing within the attendance
23 area of the unit proposed to be closed may, as provided by this section, peti-
24 tion the board of trustees requesting an election to determine whether or not
25 such attendance unit, or any portion of it, shall be closed. The board shall
26 forthwith call and hold an election as herein provided. However, for the pur-
27 pose of this section relating to the secondary attendance unit thirty (30)
28 miles or more distant from another secondary attendance unit, only the patrons
29 resident in this attendance area shall be eligible to vote, except for atten-
30 dance units, or portions of them, created after January 1, 2002, in which case
31 qualified school district electors throughout the school district shall be
32 eligible to vote. The election shall be deemed passed and the unit shall not
33 be closed if a majority of those voting in the election vote in favor of
34 retaining the attendance unit.
35 SECTION 2. An emergency existing therefor, which emergency is hereby
36 declared to exist, this act shall be in full force and effect on and after its
37 passage and approval, and retroactively to January 1, 2002.
STATEMENT OF PURPOSE
RS 12156
This legislation pertains to amending Idaho Code Section 35-511.
Clarifying who is eligible to vote except for attendance units, or
portions of them, created after January 1, 2002, in which case
qualified school district electors throughout the school district
shall be eligible to vote.
FISCAL IMPACT
There should be no fiscal impact.
Contact
Name: Sen. Burtenshaw
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE S 1485