275.12 - PETITION -- METHOD OF ELECTION.
275.12 PETITION -- METHOD OF ELECTION.
1. A petition describing the boundaries, or accurately describing
the area included therein by legal descriptions, of the proposed
district, which boundaries or area described shall conform to plans
developed or the petition shall request change of the plan, shall be
filed with the area education agency administrator of the area
education agency in which the greatest number of registered voters
reside. However, the area education agency administrator shall not
accept a petition if any of the school districts affected have
approved the issuance of general obligation bonds at an election
pursuant to section 296.6 during the preceding six-month period. The
petition shall be signed by eligible electors residing in each
existing school district or portion affected equal in number to at
least twenty percent of the number of registered voters in the school
district or portion affected, or four hundred eligible electors,
whichever is the smaller number.
2. The petition filed under subsection 1 shall also state the
name of the proposed school district and the number of directors
which may be either five or seven and the method of election of the
school directors of the proposed district. The method of election of
the directors shall be one of the following optional plans:
a. Election at large from the entire district by the electors
of the entire district.
b. Division of the entire school district into designated
geographical single director or multi-director subdistricts on the
basis of population for each director, to be known as director
districts, each of which shall be represented on the school board by
one or more directors who shall be residents of the director district
but who shall be elected by the vote of the electors of the entire
school district. The boundaries of the director districts and the
area and population included within each district shall be such as
justice, equity, and the interests of the people may require.
Changes in the boundaries of director districts shall not be made
during a period commencing sixty days prior to the date of the
regular school election. As far as practicable, the boundaries of
the districts shall follow established political or natural
geographical divisions.
c. Election of not more than one-half of the total number of
school directors at large from the entire district and the remaining
directors from and as residents of designated single-member or
multimember director districts into which the entire school district
shall be divided on the basis of population for each director. In
such case, all directors shall be elected by the electors of the
entire school district. Changes in the boundaries of director
districts shall not be made during a period commencing sixty days
prior to the date of the regular school election.
d. Division of the entire school district into designated
geographical single director or multi-director subdistricts on the
basis of population for each director, to be known as director
districts, each of which shall be represented on the school board by
one or more directors who shall be residents of the director district
and who shall be elected by the voters of the director district.
Place of voting in the director districts shall be designated by the
commissioner of elections. Changes in the boundaries of director
districts shall not be made during a period commencing sixty days
prior to the date of the regular school election.
e. In districts having seven directors, election of three
directors at large by the electors of the entire district, no more
than two at each regular school election, and election of the
remaining directors as residents of and by the electors of individual
geographic subdistricts established on the basis of population and
identified as director districts, no more than two at each regular
school election. Boundaries of the subdistricts shall follow
precinct boundaries, as far as practicable, and shall not be changed
less than sixty days prior to the regular school election.
3. If the petition proposes the division of the school district
into director districts, the boundaries of the proposed director
districts shall not be drawn until the question is approved by the
voters. If the question is approved by the voters, the directors of
the new school district shall draw the boundaries of the director
districts according to the standards described in section 275.23A,
subsection 1. Following adoption by the school board, the plan shall
be submitted to the state commissioner of elections for approval.
4. The area education agency board in reviewing the petition as
provided in sections 275.15 and 275.16 shall review the proposed
method of election of school directors and may change or amend the
plan in any manner, including to specify a different method of
electing school directors as may be required by law, justice, equity,
and the interest of the people. In the action, the area education
agency board shall follow the same procedure as is required by
sections 275.15 and 275.16 for other action on the petition by the
area education agency board.
5. The petition may also include a provision that the
voter-approved physical plant and equipment levy provided in section
298.2 will be voted upon at the election conducted under section
275.18. Section History: Early Form
[R60, § 2097, 2105; C73, § 1800, 1801, 1811; C97, § 2794, 2799;
S13, § 2793, 2820-e, -f; SS15, § 2793, 2794, 2794-a; C24, 27, 31, 35,
39, § 4133, 4134, 4141, 4153, 4155, 4174; C46, 50, § 274.16,
274.17, 274.23, 274.38, 276.2, 276.21; C54, 58, 62, § 275.10, 275.12;
C66, 71, 73, 75, 77, 79, 81, § 275.12] Section History: Recent Form
83 Acts, ch 53, § 1; 83 Acts, ch 91, § 1; 84 Acts, ch 1078, §
6--8; 86 Acts, ch 1226, § 1; 89 Acts, ch 135, § 64; 93 Acts, ch 160,
§ 5; 94 Acts, ch 1179, §16; 95 Acts, ch 49, §5; 2001 Acts, ch 56,
§12; 2002 Acts, ch 1134, §81, 115; 2008 Acts, ch 1115, §12, 21
Referred to in § 275.5, 275.11, 275.23, 275.23A, 275.24, 275.25,
275.35, 275.36, 275.38, 275.41, 275.57, 278.1 Footnotes
For provisions applicable to the transition from election of
directors annually for three-year terms to the staggered election of
directors biennially for four-year terms, see 2008 Acts, ch 1115, §21