§ 6-13-1412 - Board of directors after annexation -- Term -- Election.
6-13-1412. Board of directors after annexation -- Term -- Election.
(a) (1) Notwithstanding any other provisions of law, school districts that annex after January 1, 2005, under Acts 2003 (2nd Ex. Sess.), No. 60, and opt to follow the procedures in this section or school districts that voluntarily annex and opt to follow the procedures in this section shall form a new board of directors made up of the board of directors of the receiving district plus at least one (1) member of the board of directors of each affected district as provided under 6-13-1406(a)(1)(B)(ii).
(2) The board of directors of each affected district shall select by majority vote at least one (1) member to serve on the new board of directors.
(3) In the case of a tie vote on the board of directors of an affected district, the member shall be selected by drawing lots.
(b) (1) School districts that annexed before January 1, 2005, under Acts 2003 (2nd Ex. Sess.), No. 60, and which have an interim board of directors that has not stood for election since the creation of the interim board of directors shall have a board of directors made up of the members of the interim board of directors.
(2) Within thirty (30) days of February 24, 2005, the members of the board of directors shall determine their terms by lot so that no more than three (3) members' terms expire during any one (1) year with no fewer than one (1) member's term expiring at the regular school election in the year following the effective date of the annexation.
(c) (1) In no case shall the interim board of directors or permanent board of directors have:
(A) More than seven (7) or fewer than five (5) members; or
(B) An even number of members.
(2) If the addition of members from the affected district or districts would cause the interim board of directors to be out of compliance with subdivision (c)(1) of this section or if the board of directors decides to reduce the size of the board of directors, the total number of positions held by the members of the receiving district shall be reduced as necessary by:
(A) Voluntary resignation of one (1) or more existing members; or
(B) Drawing lots by the directors of the receiving district prior to annexation.
(d) In lieu of electing a new board of directors at the next regular school election, the members of the interim board of directors created under subsection (a) of this section shall determine their terms by lot so that no more than three (3) members' terms expire during any one (1) year with no fewer than one (1) member's term expiring at the regular school election in the year following the effective date of the annexation.
(e) (1) Unless the school district is allowed to do otherwise pursuant to 6-13-604, the board of directors of the receiving district after annexation shall be composed of five (5) or seven (7) members as determined by a majority vote of the board of directors of the receiving district, and the determination shall be exempt from the requirements of 6-13-604 and 6-13-606.
(2) (A) The board of directors shall be elected from single-member zones if single-member election zones are necessary to comply with the Voting Rights Act of 1965, as in existence on January 1, 2005, ensuring the protection of the voting rights of minority populations in school districts. Otherwise, the election may be at large for the board of director members whose terms are expiring.
(B) (i) If the board of directors of a school district is required to be elected from single-member zones, the procedure for the election shall be as necessary to comply with the Voting Rights Act of 1965, as in existence on January 1, 2005, and state law.
(ii) The zoning shall be completed no later than one hundred twenty (120) calendar days prior to the second school election following the effective date of the annexation, at which time the full board of directors shall be up for election.
(C) No sanctions provided by state statutory law, specifically including, but not limited to, the sanctions under 6-13-631(h)(2) or State Board of Education rule shall be levied against a school district if the deadline for zoning allowed under subdivision (e)(2)(B) of this section is met.
(3) (A) (i) If prior to the annexation either the receiving district or the affected district had been zoned as necessary to comply with the Voting Rights Act of 1965, as in existence on January 1, 2005, or state law, the receiving district shall review the makeup and boundaries of the zones and the latest decennial census data of the receiving district.
(ii) After the review required under subdivision (e)(3)(A)(i) of this section, the receiving district shall be rezoned as necessary to comply with the Voting Rights Act of 1965, as in existence on January 1, 2005, and state law.
(B) Any rezoning under subdivision (e)(3)(A)(ii) of this section shall be completed no later than one hundred twenty (120) calendar days prior to the second school election following the effective date of the annexation.
(C) No sanctions provided by state statutory law, specifically including, but not limited to, the sanction under 6-13-631(h)(2) or State Board of Education rule, shall be levied against a school district if the deadline for rezoning allowed under subdivision (e)(3)(B) of this section is met.
(f) The length of the term of each member of the board of directors after annexation shall be for a time period as determined by the board of directors and allowed by law.
(g) Any vacancy on the board of directors shall be filled in the manner provided for by law.
(h) (1) The provisions of 6-13-1405 and 6-13-1406 with respect to the election of a board of directors following annexation shall not be applicable for school districts annexed under Acts 2003 (2nd Ex. Sess.), No. 60, that follow the procedures in this section or school districts that voluntarily annex and opt to follow the procedures in this section.
(2) However, the State Board of Education shall allow school districts thirty (30) days to establish an interim local board of directors or as incorporated in this section by reference.