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H0324..........................................................by EDUCATION
SCHOOL DISTRICTS - CONSOLIDATED - Amends existing law to revise how the
members of the board of trustees of a school district created by
consolidation are appointed.
03/15 House intro - 1st rdg - to printing
03/16 Rpt prt - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 324
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO THE BOARD OF TRUSTEES OF SCHOOL DISTRICTS CREATED BY CONSOLIDA-
3 TION; AMENDING SECTION 33-313, IDAHO CODE, TO PROVIDE IN DIVIDING TRUSTEE
4 ZONES THAT EACH FORMER DISTRICT IN THE NEW DISTRICT SHALL NOT BE SPLIT
5 INTO DIFFERENT TRUSTEE ZONES, WITH AN EXCEPTION AND TO MAKE TECHNICAL COR-
6 RECTIONS; AMENDING SECTION 33-501, IDAHO CODE, TO PROVIDE THAT THE BOARD
7 OF TRUSTEES OF ANY SCHOOL DISTRICT WHICH HAS HAD A CHANGE IN DISTRICT
8 BOUNDARIES BECAUSE OF CONSOLIDATION ON AND AFTER JANUARY 1, 2007, SHALL
9 CONSIST OF NINE MEMBERS AND TO MAKE A TECHNICAL CORRECTION; AND AMENDING
10 SECTION 33-505, IDAHO CODE, TO REVISE HOW TRUSTEES OF SCHOOL DISTRICTS
11 INVOLVED IN CONSOLIDATION ARE APPOINTED AND TO MAKE A TECHNICAL CORREC-
12 TION.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 33-313, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 33-313. TRUSTEE ZONES. (1) Each elementary school district shall be
17 divided into three (3) trustee zones and each other school district shall be
18 divided into no fewer than five (5) nor more than nine (9) trustee zones
19 according to the provisions of section 33-501, Idaho Code. A school district
20 that has had a change in its district boundaries because of consolidation on
21 and after January 1, 2007, shall divide trustee zones so that each former dis-
22 trict in the new district shall not be split into different trustee zones,
23 unless the provisions of subsection (2) of this section cannot be satisfied.
24 (2) Any proposal to define the boundaries of the several trustee zones in
25 each such school district shall include the determination, where appropriate,
26 of the number of trustee zones in such district, and the date of expiration of
27 the term of office for each trustee. The boundaries of the several trustee
28 zones in each such school district shall be defined and drawn so that, as rea-
29 sonably as may be, each such zone shall have approximately the same popula-
30 tion.
31 (3) Whenever the area of any district has been enlarged by the annexation
32 of all or any part of another district, or by the correction of errors in the
33 legal description of school district boundaries, any such additional territory
34 shall be included in the trustee zone or zones contiguous to such additional
35 territory until such time as the trustee zones may be redefined and changed.
36 Trustee zones may be redefined and changed, but not more than once every five
37 (5) years in the manner hereinafter provided.
38 (4) A proposal to redefine and change trustee zones of any district may
39 be initiated by its board of trustees and shall be initiated by its board of
40 trustees at the first meeting following the report of the decennial census,
41 and submitted to the state board of education, or by petition signed by not
42 less than fifty (50) school electors residing in the district, and presented
43 to the board of trustees of the district. Within one hundred twenty (120) days
2
1 following the decennial census or the receipt of a petition to redefine and
2 change the trustee zones of a district the board of trustees shall prepare a
3 proposal for a change which will equalize the population in each zone in the
4 district and shall submit the proposal to the state board of education. Any
5 proposal shall include a legal description of each trustee zone as the same
6 would appear as proposed, a map of the district showing how each trustee zone
7 would then appear, and the approximate population each would then have, should
8 the proposal to change any trustee zones become effective.
9 (5) Within sixty (60) days after it has received the said proposal the
10 state board of education may approve or disapprove the proposal to redefine
11 and change trustee zones and shall give notice thereof in writing to the board
12 of trustees of the district wherein the change is proposed. Should the state
13 board of education disapprove a proposal the board of trustees shall within
14 forty-five (45) days submit a revised proposal to the state board of educa-
15 tion. Should the state board of education approve the proposal, the trustee
16 zones shall be changed in accordance with the proposal.
17 (6) At the next regular meeting of the board of trustees following the
18 approval of the proposal the board shall appoint from its membership a trustee
19 for each new zone to serve as trustee until that incumbent trustee's three (3)
20 year term expires. If the current board membership includes two (2) incumbent
21 trustees from the same new trustee zone, the board will select the incumbent
22 trustee with the most seniority as a trustee to serve the remainder of his
23 three (3) year term. If both incumbent trustees have equal seniority, the
24 board will choose one (1) of the trustees by the drawing of lots. If there is
25 a trustee vacancy in any of the new zones, the board of trustees shall appoint
26 from the patrons resident in that new trustee zone, a person from that zone to
27 serve as trustee until the next annual meeting. At the annual election a
28 trustee shall be elected to serve during the term specified in the election
29 for the zone. The elected trustee shall assume office at the annual meeting of
30 the school district next following the election.
31 SECTION 2. That Section 33-501, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 33-501. BOARD OF TRUSTEES. Each school district shall be governed by a
34 board of trustees. The board of trustees of each elementary school district
35 shall consist of three (3) members, and the board of trustees of each other
36 school district shall consist of five (5) members. Provided, however, that the
37 board of trustees of any district which has had a change in its district
38 boundaries subsequent to June 30, 1973, may consist of no fewer than five (5)
39 nor more than nine (9) members if such provisions are included as part of an
40 approved proposal to redefine and change trustee zones as provided in section
41 33-313, Idaho Code. The board of trustees of any district which has had a
42 change in its district boundaries because of district consolidation on and
43 after January 1, 2007, shall consist of nine (9) members. Except as other-
44 wise provided by law, a school district trustee shall be elected for a term of
45 three (3) years or until the annual meeting of his district held during the
46 year in which his term expires.
47 Each trustee shall at the time of his nomination and election, or appoint-
48 ment, be a school district elector of his district and a resident of the
49 trustee zone from which nominated and elected, or appointed.
50 Each trustee shall qualify for and assume office at the annual meeting of
51 his school district next following his election, or, if appointed, at the reg-
52 ular meeting of the board of trustees next following such appointment. An oath
53 of office shall be administered to each trustee, whether elected, re-elected
3
1 or appointed. Said oath may be administered by the clerk, or by a trustee, of
2 the district, and the records of the district shall show such oath of office
3 to have been taken, and by whom administered and shall be filed with the offi-
4 cial records of the district.
5 SECTION 3. That Section 33-505, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 33-505. BOARD OF TRUSTEES, DISTRICT NEWLY CREATED. Within ten (10) days
8 after the entry of any order creating a new school district by the consolida-
9 tion of districts or parts thereof, the trustees of all school districts
10 involved in the consolidation shall meet at the call of the state board of
11 education superintendent of public instruction or his designee and, from their
12 number, or from other qualified school district electors of the district,
13 shall select a board of trustees of the new district representing each of the
14 merged districts in an equal number to serve until the annual election of
15 trustees next following; and as follows: three (3) members shall serve until
16 the annual election of trustees next following; three (3) members shall serve
17 until the annual election the following year; and three (3) members shall
18 serve until the annual election in the year after that. If the number of
19 merged districts does not permit the merged districts to each appoint an equal
20 number of trustees, the merged districts shall each appoint an equal number of
21 trustees from their number and those trustees shall appoint the remaining
22 trustees to achieve nine (9) trustees. All trustees who are elected thereafter
23 shall serve terms as provided for a board of trustees of a school district in
24 section 33-501, Idaho Code. The board of trustees shall report the names of
25 said trustees to the state board of education.
26 The state board of education, at its first meeting next following receipt
27 of notice of the creation of new school districts by the division of a dis-
28 trict, shall appoint a board of trustees for each such new district, to serve
29 until the annual election of school district trustees next following.
30 Boards of trustees selected or appointed as in this section provided shall
31 forthwith meet and organize as provided in section 33-506, Idaho Code, and
32 thereupon the board of trustees of any district, the whole of which has been
33 incorporated within the new district, or which was divided as the case may be,
34 shall be dissolved and its powers and duties shall cease. Prior to the notice
35 of annual election of trustees next following, the board of trustees of each
36 school district created by consolidation or by division of districts shall
37 determine by lot or by agreement which of the trustee zones the trustees
38 therefor shall be elected for a term of one (1) year, which for a term of two
39 (2) years, and which for a term of three (3) years. Thereafter each trustee
40 shall be elected for a term of three (3) years.
STATEMENT OF PURPOSE
RS 17146
This legislation establishes an Interim Board of Trustees to
serve after public school districts consolidate. The Interim
Board will consist of nine members. This legislation applies to
all districts that consolidate after January 1, 2007.
The nine members of the Interim Board will be selected from
within the former boards of the newly consolidated district, and
the seats will be divided equally amongst the former districts.
If the number of consolidated districts does not allow equal
division of seats to the Interim Board, then the merged districts
will each appoint an equal number of trustees and those trustees
shall appoint the remaining trustees to achieve nine members.
The length of time that the interim board's members will serve
will be staggered. Three members will serve until the next annual
election; three will serve until the annual election in the
following year; and three will serve until the annual election in
the year after that. At that time the service of the interim
board ends, and the Board of Trustees of the consolidated
district will serve as provided in Idaho Code 33-501.
FISCAL NOTE
There is no impact to the General Fund.
Contact
Name: Rep. Wendy Jaquet
Phone: 332-1130
STATEMENT OF PURPOSE/FISCAL NOTE H 324