275.25 - ELECTION OF DIRECTORS.
275.25 ELECTION OF DIRECTORS.
1. a. If the proposition to establish a new school district
carries under the method provided in this chapter, the area education
agency administrator with whom the petition was filed shall give
written notice of a proposed date for a special election for
directors of the newly formed school district to the commissioner of
elections of the county in the district involved in the
reorganization which has the greatest taxable base. The proposed
date shall be as soon as possible pursuant to section 39.2,
subsections 1 and 2, and section 47.6, subsections 1 and 2, but not
later than the third Tuesday in January of the calendar year in which
the reorganization takes effect.
b. The election shall be conducted as provided in section
277.3, and nomination petitions shall be filed pursuant to section
277.4, except as otherwise provided in this subsection. Nomination
petitions shall be filed with the secretary of the board of the
existing school district in which the candidate resides not less than
twenty-eight days before the date set for the special school
election. The secretary of the board, or the secretary's designee,
shall be present in the secretary's office until five p.m. on the
final day to file the nomination papers. The nomination papers shall
be delivered to the commissioner no later than five p.m. on the
twenty-seventh day before the election.
c. If the special election is held in conjunction with the
regular school election, the filing deadlines for the regular school
election apply.
2. a. The number of directors of a school district is either
five or seven as provided in section 275.12. In school districts
that include a city of fifteen thousand or more population as shown
by the most recent decennial federal census, the board shall consist
of seven members elected in the manner provided in subsection 3. If
it becomes necessary to increase the membership of a board, two
directors shall be added according to the procedure described in
section 277.23.
b. The county board of supervisors shall canvass the votes
and the county commissioner of elections shall report the results to
the area education agency administrator who shall notify the persons
who are elected directors.
3. The directors who are elected and qualify to serve shall serve
until their successors are elected and qualify. At the special
election, the three newly elected directors receiving the most votes
shall be elected to serve until their successors qualify after the
third regular school election date occurring after the effective date
of the reorganization and the two newly elected directors receiving
the next largest number of votes shall be elected to serve until the
directors' successors qualify after the second regular school
election date occurring after the effective date of the
reorganization. However, in districts that include all or a part of
a city of fifteen thousand or more population and in districts in
which the proposition to establish a new corporation provides for the
election of seven directors, the timelines specified in this
subsection for the terms of office apply to the four newly elected
directors receiving the most votes and then to the three newly
elected directors receiving the next largest number of votes.
4. The board of the newly formed district shall organize within
fifteen days after the special election upon the call of the area
education agency administrator. The new board shall have control of
the employment of personnel for the newly formed district for the
next following school year under section 275.33. Following the first
organizational meeting of the board of the newly formed district, the
board may establish policy, organize curriculum, enter into
contracts, complete planning, and take action as necessary for the
efficient management of the newly formed community school district.
5. Section 49.8, subsection 4, does not permit a director to
remain on the board of a school district after the effective date of
a boundary change which places the director's residence outside the
boundaries of the district. Vacancies caused by this occurrence on a
board shall be filled in the manner provided in sections 279.6 and
279.7.
6. The board of the newly formed district shall appoint an acting
superintendent and an acting board secretary. The appointment of the
acting superintendent shall not be subject to the continuing contract
provisions of sections 279.20, 279.23, and 279.24. Section History: Early Form
[R60, § 2099, 2100, 2106; C73, § 1801; C97, § 2795; S13, § 2820-f;
SS15, § 2794-a; C24, § 4144, 4145, 4148; C27, 31, 35, § 4144-a1,
4145, 4148; C39, § 4144.2, 4144.3, 4145, 4148; C46, 50, §
274.28--274.30, 275.5, 276.18; C54, 58, 62, 66, 71, 73, 75, 77, 79,
81, § 275.25] Section History: Recent Form
83 Acts, ch 53, § 4; 85 Acts, ch 221, §5; 86 Acts, ch 1239, § 2;
88 Acts, ch 1038, § 1; 93 Acts, ch 143, § 43; 2002 Acts, ch 1134,
§82, 115; 2008 Acts, ch 1115, §13, 21; 2009 Acts, ch 41, §263
Referred to in § 275.1, 275.41, 331.383 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