Section 162.563

Title XI EDUCATION AND LIBRARIES

Chapter 162

Effective - 28 Aug 2022   

  162.563.  Subdivision of districts — definitions — procedure — school board to adopt final plan, hearings, content — election of school board members — petition to divide, procedure. — 1.  As used in this section, the following terms mean:

  (1)  "School board", the board vested with the government and control of a school district as described in section 162.261 or section 162.471;

  (2)  "School district", a seven-director school district or an urban school district established in this chapter.

  2.  A school board may divide the school district into seven subdistricts or a combination of subdistricts and at-large districts and establish the election of school board members as provided in this section.

  3.  (1)  A school board desiring to divide a school district as provided in this section shall vote on the question of dividing the district as provided in this section.  Upon the approval of the question by at least four members of the school board, the school board shall develop a proposed plan as described in subdivision (2) of this subsection.

  (2)  A school board dividing a school district as provided in this section shall develop and adopt a proposed plan for the division of the school district.  Such proposed plan shall be adopted upon the approval of at least four members of the school board and shall contain at least the following information:

  (a)  A summary of the proposed plan for dividing the school district;

  (b)  A statement indicating whether the school district will be divided into seven subdistricts or a combination of subdistricts and at-large districts;

  (c)  A description of the areas of the school district each newly elected school board member will represent, with each subdistrict and at-large district represented by a number;

  (d)  A statement indicating whether the existing school board members will be replaced by the newly elected school board members at one election or in succeeding elections to provide for staggered terms of the members; and

  (e)  Any other information deemed necessary by the school board.

  (3)  After the school board develops such proposed plan, the school board shall immediately notify the election authority of the county in which the school district is located.  Upon receiving such notification, the election authority shall submit the question of whether to divide the school district as described in the proposed plan to the voters of the school district on the next available day for any municipal election.  If a majority of the registered voters of the school district voting on the question approve the division of the school district, the school board shall follow the procedures described in subsection 4 of this section.  If a majority of the registered voters of the school district voting on the question reject the division of the school district, no division as described in this section shall occur.

  4.  (1)  After approval of a question submitted under subdivision (3) of subsection 3 of this section, a school board dividing a school district as provided in this section shall adopt a final plan for the division of the school district based on the proposed plan developed under subsection 3 of this section.  Such final plan shall contain at least the following information:

  (a)  A summary of the proposed plan for dividing the school district;

  (b)  The time and place of at least two public hearings to be held to consider the proposed plan;

  (c)  A statement indicating whether the school district will be divided into seven subdistricts or a combination of subdistricts and at-large districts;

  (d)  A description of the areas of the school district each newly elected school board member will represent, with each subdistrict and at-large district represented by a number;

  (e)  A statement indicating whether the existing school board members will be replaced by the newly elected school board members at one election or in succeeding elections to provide for staggered terms of the members; and

  (f)  Any other information deemed necessary by the school board.

  (2)  For each hearing held as provided in this subsection, the school board shall:

  (a)  Publish notice of the hearing, the proposed plan, and any amendments to the proposed plan adopted at a previous hearing on the school district's website and by any other method allowed by law, with the first publication to occur no more than thirty days before the hearing and the second publication to occur no earlier than fifteen days and no later than ten days before the hearing;

  (b)  Hear all alternate proposals for division of the school district and receive evidence for or against such alternate proposals;

  (c)  Hear all protests and receive evidence for or against such proposed division;

  (d)  Vote on each alternate proposal and protest, which vote shall be the final determination of such alternate proposal or protest;

  (e)  Adopt any amendments to the proposed plan; and

  (f)  Perform any other actions related to the proposed plan deemed necessary by the school board.

  (3)  (a)  After the conclusion of the final hearing proceedings but before adjourning such hearing, the school board shall adopt the final plan to divide the school district developed as a result of the hearings.

  (b)  After the school board adopts the final plan, the school board shall present the final plan to the election authority of the county in which the school district is located for actions required under subdivision (4) of this subsection and publish the final plan in the same manner as the initial proposed plan was published under paragraph (a) of subdivision (2) of this subsection.  The final plan shall contain at least the following information:

  a.  A summary of the final plan for dividing the school district;

  b.  A statement indicating whether the school district will be divided into seven subdistricts or a combination of subdistricts and at-large districts;

  c.  A description of the areas of the school district each newly elected school board member will represent, with each subdistrict and at-large district represented by a number;

  d.  The date of the election of each new school board member as provided in the final plan;

  e.  A statement indicating whether the existing school board members will be replaced by the newly elected school board members at one election or in succeeding elections to provide for staggered terms of the members; and

  f.  Any other information deemed necessary by the school board.

  (4)  (a)  After a final plan is adopted as provided in subdivision (3) of this subsection, before December first of the calendar year immediately preceding the general municipal election day in the calendar year in which the residents of the school district will vote to elect new school board members as provided in the final plan, the school board shall divide the school district into seven subdistricts or a combination of subdistricts and at-large districts as directed in the final plan.  All subdistricts required by the final plan shall be of contiguous and compact territory and as nearly equal in population as practicable in accordance with the final plan.  Within six months after each decennial census is reported to the President of the United States, the school board shall reapportion the subdistricts to be as nearly equal in population as practicable.  After the school board divides the school district or reapportions the subdistricts, the school board shall notify the residents of the school district as provided by law.

  (b)  Any resident of the school district who believes the school board has divided the school district or reapportioned subdistricts in violation of paragraph (a) of this subdivision may petition the circuit court of the county in which the school district exists for an order directing the school board to divide the school district or reapportion the subdistricts as provided in paragraph (a) of this subdivision.  The petition shall be submitted to the circuit court within ten business days of the school board's notice required in paragraph (a) of this subdivision.

  (5)  On the first day available for candidate filing for the first general municipal election occurring after the school district is divided as provided in this subsection, any qualified resident who has or will have resided in a subdistrict or at-large district for the year immediately preceding the general municipal election day may file as a candidate for election to the school board as a member representing such subdistrict or at-large district.  At the end of the time available for candidate filing, if no qualified resident of a subdistrict has filed as a candidate in that subdistrict, the election authority shall extend the time for candidate filing by seven additional days, and any qualified resident of the school district who has or will have resided in the school district for the year immediately preceding the general municipal election day may file as a candidate for election to the school board as a member representing that subdistrict.  No school district shall require a candidate to submit a petition signed by the registered voters of the school district as a method of filing a declaration of candidacy.  The election authority shall determine the validity of all declarations of candidacy.

  (6)  When the election is held on the general municipal election day, the seven candidates, one from each of the subdistricts or at-large districts, who receive a plurality of the votes cast by the voters of that subdistrict or at-large district shall be elected.  Any candidate who is not a subdistrict resident but qualifies as a candidate as a school district resident as provided in subdivision (5) of this subsection shall be elected by the voters of the school district.  Each member shall be elected to a term as provided in the final plan adopted as provided in subdivision (3) of this subsection.

  (7)  Each member shall serve until a successor is elected or the member vacates the office.  Any vacancy that occurs before the end of the member's term shall be filled as provided in section 162.261 or 162.471.

  (8)  Except for a member who is not a subdistrict resident but is elected as a school district resident to represent a subdistrict as provided in subdivision (5) of this subsection, each member shall reside in the subdistrict the member represents during the member's term.

  (9)  All other provisions applicable to school districts that are not in conflict with this subsection shall apply to school districts divided as provided in this subsection.

  5.  (1)  If any school district receives a petition, signed by at least ten percent of the number of registered voters of the school district voting in the last school board election, calling for the school district to divide into seven subdistricts or a combination of subdistricts and at-large districts and establish the election of school board members as provided in this subsection, the school district shall immediately notify the election authority of the county in which the school district is located.  Upon receiving such notification, the election authority shall submit the question of whether to divide the school district as provided by the petition to the voters of the school district on the next available day for any municipal election.  If a majority of the registered voters of the school district voting on the question approve the division of the school district, the school board shall begin the process of adopting the plan as described in this subsection.  If a majority of the registered voters of the school district voting on the question reject the division of the school district, no division as described in the petition shall occur.

  (2)  (a)  Any such petition submitted to the school district as provided in this subsection shall contain a proposed plan for the division of the school district.  Such proposed plan shall contain at least the following information:

  a.  A summary of the proposed plan for dividing the school district;

  b.  A statement indicating whether the school district will be divided into seven subdistricts or a combination of subdistricts and at-large districts;

  c.  A description of the areas of the school district each newly elected school board member will represent, with each subdistrict and at-large district represented by a number;

  d.  The proposed date of the election of each new school board member as provided in the proposed plan;

  e.  A statement indicating whether the existing school board members will be replaced by the newly elected school board members at one election or in succeeding elections to provide for staggered terms of the members; and

  f.  Any other information deemed necessary by the school board.

  (b)  If a division of the school district is approved by the voters as provided in subdivision (1) of this subsection, the school board shall create a school district division commission to develop a final plan for division of the school district.  The commission shall:

  a.  Be composed of nine members as follows:

  (i)  Three members appointed by the superintendent of the school district;

  (ii)  Three members appointed by the county commission; and

  (iii)  Three members appointed by the organizers of the petition to divide the school district; and

  b.  Set the time and place of at least two hearings to be held to consider the proposed plan.  For each hearing held, the commission shall:

  (i)  Publish notice of the hearing, the proposed plan, and any amendments to the proposed plan adopted at a previous hearing on the school district's website and by any other method allowed by law, with the first publication to occur no more than thirty days before the hearing and the second publication to occur no earlier than fifteen days and no later than ten days before the hearing;

  (ii)  Conduct the hearing on the proposal for division of the district on behalf of the petitioners;

  (iii)  Hear all protests and receive evidence for or against such proposed division; and

  (iv)  Vote to adopt any proposed plan amendments agreed to by the petitioners as a result of the hearings.

  (c)  Within ninety days after the adjournment of the final hearing conducted as provided in this subdivision, the commission shall submit the final plan to the election authority of the county in which the school district is located for actions required in subdivision (3) of this subsection and publish the final plan in the same manner as the initial proposed plan was published as provided in item (i) of subparagraph b. of paragraph (b) of this subdivision.  The final plan shall contain at least the following information:

  a.  A summary of the final plan for dividing the school district;

  b.  A statement indicating whether the school district will be divided into seven subdistricts or a combination of subdistricts and at-large districts;

  c.  A description of the areas of the school district each newly elected school board member will represent, with each subdistrict and at-large district represented by a number;

  d.  The date of the election of each new school board member as provided in the final plan;

  e.  A statement indicating whether the existing school board members will be replaced by the newly elected school board members at one election or in succeeding elections to provide for staggered terms of the members; and

  f.  Any other information deemed necessary by the commission.

  (3)  (a)  After a final plan is submitted to the election authority as provided in subdivision (2) of this subsection, before December first of the calendar year immediately preceding the general municipal election day in the calendar year in which the residents of the school district will vote to elect new school board members as provided in the final plan, the school district division commission shall divide the school district into seven subdistricts or a combination of subdistricts and at-large districts as directed in the final plan.  All subdistricts required by the final plan shall be of contiguous and compact territory and as nearly equal in population as practicable in accordance with the final plan.  Within six months after each decennial census is reported to the President of the United States, the commission shall reapportion the subdistricts to be as nearly equal in population as practicable.  After the commission divides the school district or reapportions the subdistricts, the commission shall notify the residents of the school district as provided by law.

  (b)  Any resident of the school district who believes the school district division commission has divided the school district or reapportioned subdistricts in violation of paragraph (a) of this subdivision may petition the circuit court of the county in which the school district exists for an order directing the commission to divide the school district or reapportion the subdistricts as provided in paragraph (a) of this subdivision.  The petition shall be submitted to the circuit court within ten business days of the commission's notice provided in paragraph (a) of this subdivision.

  (4)  On the first day available for candidate filing for the first general municipal election occurring after the school district is divided as provided in this subsection, any qualified resident who has or will have resided in a subdistrict or at-large district for the year immediately preceding the general municipal election day may file as a candidate for election to the school board as a member representing such subdistrict or at-large district.  At the end of the time available for candidate filing, if no qualified resident of a subdistrict has filed as a candidate in that subdistrict, the election authority shall extend the time for candidate filing by seven additional days, and any qualified resident of the school district who has or will have resided in the school district for the year immediately preceding the general municipal election day may file as a candidate for election to the school board as a member representing that subdistrict.  No school district shall require a candidate to submit a petition signed by the registered voters of the school district as a method of filing a declaration of candidacy.  The election authority shall determine the validity of all declarations of candidacy.

  (5)  When the election is held on the general municipal election day, the seven candidates, one from each of the subdistricts or at-large districts, who receive a plurality of the votes cast by the voters of that subdistrict shall be elected.  Any candidate who is not a subdistrict resident but qualifies as a candidate as a school district resident as provided in subdivision (4) of this subsection shall be elected by the voters of the school district.  Each member shall be elected to a term as provided in the final plan approved as provided in subdivision (2) of this subsection.

  (6)  Each member shall serve until a successor is elected or the member vacates the office.  Any vacancy that occurs before the end of the member's term shall be filled as provided in section 162.261 or 162.471.

  (7)  Except for a member who is not a subdistrict resident but is elected as a school district resident to represent a subdistrict as provided in subdivision (4) of this subsection, each member shall reside in the subdistrict the member represents during the member's term.

  (8)  All other provisions applicable to school districts that are not in conflict with this subsection shall apply to school districts divided as provided in this subsection.

  6.  No new plan for division of the school district shall be proposed or adopted as provided in this section sooner than five years after a division of the school district as provided in this section.

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(L. 2022 S.B. 681 & 662)