275.41 - ALTERNATIVE METHOD FOR DIRECTOR ELECTIONS -- TEMPORARY APPOINTMENTS.
275.41 ALTERNATIVE METHOD FOR DIRECTOR ELECTIONS --
TEMPORARY APPOINTMENTS.
1. As an alternative to the method specified in section 275.25
for electing directors in a newly formed community school district,
the procedure specified in this section may be used and if used, the
petition filed under section 275.12 shall state the number of
directors on the initial board. If two districts are named in the
petition, either five or seven directors shall serve on the initial
board. If three or more districts are named in the petition, either
seven or nine directors shall serve on the initial board. The
petition shall specify the number of directors to be retained from
each district, and those numbers shall be proportionate to the
populations of the districts. If the exclusion of territory from a
reorganization affects the proportionate balance of directors among
the affected districts specified in the petition, or if the proposal
specified in the petition does not comply with the requirement for
proportionate representation, the area education board shall modify
the proposal. However, all districts affected shall retain at least
one member.
2. Prior to the organizational meeting of the newly formed
district, the boards of the former districts shall designate
directors to be retained as members to serve on the initial board,
and if the total number of directors determined under subsection 1 is
an even number, that number of directors shall function and may
within five days of the organizational meeting appoint one additional
director by unanimous vote with all directors voting. Otherwise, the
board shall function until a special election can be held to elect an
additional director. The procedure for calling the special election
shall be the procedure specified in section 275.25. If there is an
insufficient number of board members eligible to be retained from a
former school district, the board of the former school district may
appoint members to fill the vacancies. A vacancy occurs if there is
an insufficient number of former board members who reside in the
newly formed district or if there is an insufficient number who are
willing to serve on the board of the newly formed district.
3. Prior to the effective date of the reorganization, the initial
board shall approve a plan that commences at the first regular school
election held after the effective date of the merger and is completed
at the third regular school election held after the effective date of
the merger, to replace the initial board with the regular board. If
the petition specifies a number of directors on the regular board to
be different from the number of directors on the initial board, the
plan shall provide that the number specified in the petition for the
regular board is in place by the time the regular board is formed.
The plan shall provide that as nearly as possible one-half of the
members of the board shall be elected biennially, and if a special
election was held to elect a member to create an odd number of
members on the board, the term of that member shall end at the
organizational meeting following the third regular school election
held after the effective date.
4. The board of the newly formed district shall organize within
forty-five days after the approval of the merger upon the call of the
area education agency administrator. The new board shall have
control of the employment of all personnel for the newly formed
district for the ensuing school year. Following the organization of
the new board the board shall have authority to establish policy,
organize curriculum, enter into contracts and complete such planning
and take such action as is essential for the efficient management of
the newly formed community school district.
5. 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
provision of sections 279.20, 279.23, and 279.24.
6. Section 49.8, subsection 4, shall 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 so caused on any board shall
be filled in the manner provided in sections 279.6 and 279.7. Section History: Early Form
[C62, 66, 71, 73, 75, 77, § 275.25; C79, 81, § 275.41] Section History: Recent Form
83 Acts, ch 53, § 5; 85 Acts, ch 221, § 9; 93 Acts, ch 160, § 12,
13; 2005 Acts, ch 3, §58; 2008 Acts, ch 1115, §17, 21; 2009 Acts, ch
41, §248
Referred to in § 275.1 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