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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN 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 stateboard of11educationsuperintendent 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 serveuntil the annual election of15trustees next following; andas 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
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