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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
|||| 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