275.16 - HEARING WHEN TERRITORY IN DIFFERENT AREA EDUCATION AGENCIES.
275.16 HEARING WHEN TERRITORY IN DIFFERENT AREA
EDUCATION AGENCIES.
If the territory described in the petition for the proposed
corporation lies in more than one area education agency, the agency
administrator with whom the petition is filed shall fix the time and
place for a hearing and call a joint meeting of the members of all
the agency boards in which territory of the proposed school
corporation lies, to act as a single board for the hearing of the
objections, and a majority of members of each of the agency boards of
the different agencies in which any part of the proposed corporation
lies, constitutes a quorum. The president of the board of directors
of the area education agency in which the petition has been filed, or
a member of the board designated by the president, shall preside at
the joint meeting. The joint boards acting as a single board shall
determine whether the petition conforms to plans or, if the petition
requests a change in plans, whether a change should be made, and may
change the plans of any or all the area education agency boards
affected by the petition. The joint board shall determine and fix
boundaries for the proposed corporation as provided in section 275.15
or dismiss the petition. The joint board may continue the hearing as
provided in section 275.15.
Votes of each member of an area education agency board in
attendance shall be weighted so that the total number of votes
eligible to be cast by members of each board in attendance shall be
equal. However, if the joint boards cast a tie vote and are unable
to agree to a decision fixing the boundaries for the proposed school
corporation or to a decision to dismiss the petition, the time during
which actions must be taken under section 275.15 shall be extended
from ten days to fifteen days after the conclusion of the hearing
under section 275.15, and the joint board shall reconvene not less
than ten and not more than fifteen days after the conclusion of the
hearing. At the hearing the joint board shall reconsider its action
and if a tie vote is again cast it is a decision granting the
petition and changing the plans of any and all of the agency boards
affected by the petition and fixing the boundaries for the proposed
school corporation. The agency administrator shall at once publish
the decision in the same newspaper in which the original notice was
published.
In case a controversy arises from such meeting, the area education
agency board or boards or any school district aggrieved may bring the
controversy to the department of education, as provided in section
275.8, within twenty days from the publication of this order, and if
said controversy is taken to the department of education, a ten-day
notice in writing shall be given to all agency boards and school
districts affected or portions thereof. The department shall have
the authority to affirm the action of the joint boards, to vacate, to
dismiss all proceedings or to make such modification of the action of
the joint boards as in their judgment would serve the best interest
of all the agencies. Judicial review of the actions of the
department may be sought in accordance with the terms of the Iowa
administrative procedure Act, chapter 17A. Notwithstanding the terms
of said Act, petitions for judicial review must be filed within
thirty days after the decision of the department of education. Section History: Early Form
[C24, 27, 31, 35, 39, § 4162; C46, 50, § 276.9; C54, 58, 62,
66, 71, 73, 75, 77, 79, 81, § 275.16] Section History: Recent Form
84 Acts, ch 1078, § 10; 85 Acts, ch 212, §24; 85 Acts, ch 221, §3;
86 Acts, ch 1237, § 17; 2003 Acts, ch 44, §114
Referred to in § 275.8, 275.11, 275.12, 275.15, 275.18, 275.23,
275.23A, 275.24