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 5:00 p.m. on the final day to file the nomination papers. The nomination papers shall be delivered to the commissioner no later than 5:00 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 5, 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.
[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]
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
Structure Iowa Code
Title VII - EDUCATION AND CULTURAL AFFAIRS
Chapter 275 - REORGANIZATION OF SCHOOL DISTRICTS
Section 275.1 - Definitions — declaration of policy — surveys.
Section 275.2 - Scope of surveys.
Section 275.4 - Studies, surveys, and plans.
Section 275.5 - Proposals for merger or consolidation.
Section 275.6 - Progressive program.
Section 275.8 - Cooperation of department of education — planning joint districts.
Section 275.9 - Methods of effectuating reorganization plans.
Section 275.11 - Proposals involving two or more districts.
Section 275.12 - Petition — method of election.
Section 275.13 - Affidavit — presumption.
Section 275.14 - Objection — time of filing — notice.
Section 275.15 - Hearing — decision — publication — appeal.
Section 275.16 - Hearing when territory in different area education agencies.
Section 275.17 - Filing a petition.
Section 275.18 - Special election called — time.
Section 275.20 - Separate vote in existing districts.
Section 275.22 - Canvass and return.
Section 275.23 - Frequency of change.
Section 275.23A - Redistricting following federal decennial census.
Section 275.24 - Effective date of change.
Section 275.25 - Election of directors.
Section 275.26 - Payment of expenses.
Section 275.27 - Community school districts — part of area education agency.
Section 275.28 - Plan of division of assets and liabilities.
Section 275.29 - Division of assets and liabilities after reorganization.
Section 275.31 - Taxes and appropriation to effect equalization.
Section 275.32 - School buildings — tax levy.
Section 275.33 - Contracts of new district.
Section 275.35 - Change in number of directors — change in method of elections.
Section 275.36 - Submission of change to electors.
Section 275.37 - Increase in number of directors.
Section 275.37A - Decrease in number of directors.
Section 275.38 - Implementing changed method of election.
Section 275.39 - Excluded territory included in new petition.
Section 275.41 - Alternative method for director elections — temporary appointments.
Section 275.51 - Dissolution commission.
Section 275.53 - Dissolution proposal.
Section 275.55A - Attendance in other district.
Section 275.56 - Increasing enrollment.
Section 275.57 - Changing director district boundaries following dissolution.
Section 275.59 - Early retirement following school reorganization or dissolution.