275.54 - HEARING.
275.54 HEARING.
1. Within ten days following the filing of the dissolution
proposal with the board, the board shall fix a date for a hearing on
the proposal which shall not be more than sixty days after the
dissolution petition was filed with the board. The board shall
publish notice of the date, time, and location of the hearing at
least ten days prior to the date of the hearing by one publication in
a newspaper in general circulation in the district. The notice shall
include the content of the dissolution proposal. A person residing
or owning land in the school district may present evidence and
arguments at the hearing. The president of the board shall preside
at the hearing. The board shall review testimony from the hearing
and shall adopt or amend and adopt the dissolution proposal.
2. The board shall notify the boards of directors of all school
districts to which area of the affected school district will be
attached and the director of the department of education of the
contents of the dissolution proposal adopted by the board. The
notification shall be delivered using one of the following methods:
a. Mail bearing a United States postal service postmark.
b. Hand delivery.
c. Facsimile transmission.
d. Electronic delivery.
3. If the board of a district to which area of the affected
school district will be attached objects to the attachment, that
portion of the dissolution proposal will not be included in the
proposal voted upon under section 275.55 and the director of the
department of education shall attach the area to a contiguous school
district.
4. If the board of a district to which area of the affected
school district will be attached objects to the division of assets
and liabilities contained in the dissolution proposal, the matter
shall be decided by a panel of disinterested arbitrators. The panel
shall consist of one arbitrator selected by each affected district
objecting to the provisions of the dissolution proposal, one selected
by each affected district in favor of the provisions of the
dissolution proposal, and one selected by each dissolving district.
If the number of arbitrators selected is even, a disinterested
arbitrator shall be selected by the administrator of the area
education agency to which the dissolving district or districts
belong. The decision of the arbitrators shall be made in writing and
filed with the secretary of the new corporation. A party to the
proceedings may appeal the decision to the district court by serving
notice on the secretary of the new school corporation within twenty
days after the decision is filed. The appeal shall be tried in
equity and a decree entered determining the entire matter, including
the levy, collection, and distribution of any necessary taxes.
5. If a dissolution proposal adopted by a board contains
provisions that ninety-five percent or more of the taxable valuation
of the dissolving district would be assumed and attached to a single
school district, the dissolving school district shall cease further
proceedings to dissolve and shall comply with reorganization
procedures specified in this chapter. Section History: Early Form
[C81, § 275.54] Section History: Recent Form
86 Acts, ch 1245, § 1465; 2009 Acts, ch 50, §4