2008 Legislation
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HOUSE BILL NO. 505<br /> – School dist/boundary change/trustee

HOUSE BILL NO. 505

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H0505..........................................................by EDUCATION
SCHOOL DISTRICTS - Amends existing law to provide that in dividing trustee
zones of a consolidated school district each former district in the new
district shall not be split into different trustee zones, with an
exception; to revise the number of trustees on the board of trustees of any
school district which has had a change in district boundaries because of
consolidation on and after January 1, 2008; and to revise how trustees of
school districts involved in consolidation are appointed.

02/08    House intro - 1st rdg - to printing
02/11    Rpt prt - to Educ

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 505

                                   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 THAT IN DIVIDING
  4        TRUSTEE ZONES EACH FORMER DISTRICT IN THE NEW DISTRICT SHALL NOT BE  SPLIT
  5        INTO  DIFFERENT  TRUSTEE  ZONES,  WITH AN EXCEPTION, AND TO MAKE TECHNICAL
  6        CORRECTIONS; AMENDING SECTION 33-501, IDAHO CODE, TO REVISE THE NUMBER  OF
  7        MEMBERS  OF  THE  BOARD OF TRUSTEES OF ANY SCHOOL DISTRICT WHICH HAS HAD A
  8        CHANGE IN DISTRICT BOUNDARIES BECAUSE OF CONSOLIDATION ON AND AFTER  JANU-
  9        ARY  1,  2008,  AND  TO  MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION
 10        33-505, IDAHO CODE, TO REVISE HOW TRUSTEES OF SCHOOL DISTRICTS INVOLVED IN
 11        CONSOLIDATION ARE APPOINTED AND TO MAKE A TECHNICAL CORRECTION.

 12    Be It Enacted by the Legislature of the State of Idaho:

 13        SECTION 1.  That Section 33-313, Idaho Code, be, and the  same  is  hereby
 14    amended to read as follows:

 15        33-313.  TRUSTEE  ZONES.  (1)  Each  elementary  school  district shall be
 16    divided into three (3) trustee zones and each other school district  shall  be
 17    divided  into  no  fewer  than  five  (5) nor more than nine (9) trustee zones
 18    according to the provisions of section 33-501, Idaho Code. A  school  district
 19    that  has  had a change in its district boundaries because of consolidation on
 20    and after January 1, 2008, shall divide trustee zones so that each former dis-
 21    trict in the new district shall not be split  into  different  trustee  zones,
 22    unless the provisions of subsection (2) of this section cannot be satisfied.
 23        (2)  Any proposal to define the boundaries of the several trustee zones in
 24    each  such school district shall include the determination, where appropriate,
 25    of the number of trustee zones in such district, and the date of expiration of
 26    the term of office for each trustee. The boundaries  of  the  several  trustee
 27    zones in each such school district shall be defined and drawn so that, as rea-
 28    sonably  as  may  be, each such zone shall have approximately the same popula-
 29    tion.
 30        (3)  Whenever the area of any district has been enlarged by the annexation
 31    of all or any part of another district, or by the correction of errors in  the
 32    legal description of school district boundaries, any such additional territory
 33    shall  be  included in the trustee zone or zones contiguous to such additional
 34    territory until such time as the trustee zones may be redefined  and  changed.
 35    Trustee  zones may be redefined and changed, but not more than once every five
 36    (5) years in the manner hereinafter provided.
 37        (4)  A proposal to redefine and change trustee zones of any  district  may
 38    be  initiated  by its board of trustees and shall be initiated by its board of
 39    trustees at the first meeting following the report of  the  decennial  census,
 40    and  submitted  to  the state board of education, or by petition signed by not
 41    less than fifty (50) school electors residing in the district,  and  presented
 42    to the board of trustees of the district. Within one hundred twenty (120) days
 43    following  the  decennial  census or the receipt of a petition to redefine and

                                       2

  1    change the trustee zones of a district the board of trustees shall  prepare  a
  2    proposal  for  a change which will equalize the population in each zone in the
  3    district and shall submit the proposal to the state board  of  education.  Any
  4    proposal  shall  include  a legal description of each trustee zone as the same
  5    would appear as proposed, a map of the district showing how each trustee  zone
  6    would then appear, and the approximate population each would then have, should
  7    the proposal to change any trustee zones become effective.
  8        (5)  Within  sixty  (60) days after it has received the said proposal  the
  9    state board of education may approve or disapprove the  proposal  to  redefine
 10    and change trustee zones and shall give notice thereof in writing to the board
 11    of  trustees  of the district wherein the change is proposed. Should the state
 12    board of education disapprove a proposal the board of  trustees  shall  within
 13    forty-five  (45)  days  submit a revised proposal to the state board of educa-
 14    tion. Should the state board of education approve the  proposal,  the  trustee
 15    zones shall be changed in accordance with the proposal.
 16        (6)  At  the  next  regular meeting of the board of trustees following the
 17    approval of the proposal the board shall appoint from its membership a trustee
 18    for each new zone to serve as trustee until that incumbent trustee's three (3)
 19    year term expires. If the current board membership includes two (2)  incumbent
 20    trustees  from  the same new trustee zone, the board will select the incumbent
 21    trustee with the most seniority as a trustee to serve  the  remainder  of  his
 22    three  (3)  year  term.  If  both incumbent trustees have equal seniority, the
 23    board will choose one (1) of the trustees by the drawing of lots. If there  is
 24    a trustee vacancy in any of the new zones, the board of trustees shall appoint
 25    from the patrons resident in that new trustee zone, a person from that zone to
 26    serve  as  trustee  until  the  next  annual meeting. At the annual election a
 27    trustee shall be elected to serve during the term specified  in  the  election
 28    for the zone. The elected trustee shall assume office at the annual meeting of
 29    the school district next following the election.

 30        SECTION  2.  That  Section  33-501, Idaho Code, be, and the same is hereby
 31    amended to read as follows:

 32        33-501.  BOARD OF TRUSTEES. Each school district shall be  governed  by  a
 33    board  of  trustees.  The board of trustees of each elementary school district
 34    shall consist of three (3) members, and the board of trustees  of  each  other
 35    school district shall consist of five (5) members. Provided, however, that the
 36    board  of  trustees  of  any  district  which has had a change in its district
 37    boundaries subsequent to June 30, 1973, may consist of no fewer than five  (5)
 38    nor  more  than nine (9) members if such provisions are included as part of an
 39    approved proposal to redefine and change trustee zones as provided in  section
 40    33-313,  Idaho  Code.  The  board  of trustees of any district which has had a
 41    change in its district boundaries because of  district  consolidation  on  and
 42    after  January 1, 2008, shall consist of five (5) members if two (2) districts
 43    consolidated or seven (7) members if three (3) or more districts consolidated.
 44    Except as otherwise provided by  law,  a  school  district  trustee  shall  be
 45    elected  for a term of three (3) years or until the annual meeting of his dis-
 46    trict held during the 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: If two (2) districts consolidated,
 16    two (2) members representing the board of trustees  of  each  district   shall
 17    serve  until  the  annual election of trustees next following; two (2) members
 18    representing the board of trustees of each  district  shall  serve  until  the
 19    annual  election the following year; and one (1) member appointed by the board
 20    of county commissioners of the county with the most students attending  school
 21    in  the  consolidated  district   shall serve until the annual election in the
 22    year after that. If three (3) or more districts consolidated, three  (3)  mem-
 23    bers  shall  serve until the annual election of trustees next following; three
 24    (3) members shall serve until the annual election the following year; and  one
 25    (1)  member appointed by the board of county commissioners of the  county with
 26    the most students attending school  in the consolidated district  shall  serve
 27    until the annual election in the year after that. If the number of merged dis-
 28    tricts  is  greater  than  three  (3) the superintendent of public instruction
 29    shall appoint as equally as possible from trustees of the  previous  districts
 30    so  that  each  district,  if possible, has representation on the consolidated
 31    district's board of trustees. The superintendent shall stagger  the  terms  of
 32    his  appointments so that an equal number of appointees' terms expire annually
 33    and those trustees shall sit for election. Thereafter, all  trustees  who  are
 34    elected  shall  serve  terms  as provided in section 33-501, Idaho Code, for a
 35    board of trustees of a school district. The board of trustees shall report the
 36    names of said trustees to the state board of education.
 37        The state board of education, at its first meeting next following  receipt
 38    of  notice  of  the creation of new school districts by the division of a dis-
 39    trict, shall appoint a board of trustees for each such new district, to  serve
 40    until the annual election of school district trustees next following.
 41        Boards of trustees selected or appointed as in this section provided shall
 42    forthwith  meet  and  organize  as provided in section 33-506, Idaho Code, and
 43    thereupon the board of trustees of any district, the whole of which  has  been
 44    incorporated within the new district, or which was divided as the case may be,
 45    shall  be dissolved and its powers and duties shall cease. Prior to the notice
 46    of annual election of trustees next following, the board of trustees  of  each
 47    school  district  created  by  consolidation or by division of districts shall
 48    determine by lot or by agreement which  of  the  trustee  zones  the  trustees
 49    therefor  shall be elected for a term of one (1) year, which for a term of two
 50    (2) years, and which for a term of three (3) years.  Thereafter  each  trustee
 51    shall be elected for a term of three (3) years.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 17819

This legislation will amend Section 33-313 of Idaho Code relating
to the board of trustees of school districts created by
consolidation.  This legislation will amend Section 33-501 of
Idaho Code in providing that districts that have been
consolidated after January 1, 2008 will consist of five members
if two districts are consolidated; seven members if three
districts are consolidated; and up to nine members if four or
more districts are consolidated.  This legislation amends Section
33-505 of Idaho Code to revise the method of appointed trustees,
whereby the tiebreaker is appointed by the board of county
commissioners of the county with the most students.



                           FISCAL NOTE

No impact to the general fund.



Contact
Name: Donna Pence
Phone: 332-1271
Wendy Jaquet



STATEMENT OF PURPOSE/FISCAL NOTE                         H 505