1.Board of directors.
a.Theboardofdirectorsofanareaeducationagencyshallconsistofninemembers. Each
director shall serve a four-year term, which commences at the organization meeting.
b.Five members of the board of directors of an area education agency must be residents
of and elected in the manner provided in this section from a director district that is
approximately equal in population to the other director districts in the area education agency.
c.Four members of the board of directors of an area education agency must be appointed
by the majority vote of the superintendents of school districts located within the boundaries
of the area education agency. A member appointed pursuant to this paragraph must be a
superintendentofaschooldistrictlocatedwithintheboundariesoftheareaeducationag
Free access — add to your briefcase to read the full text and ask questions with AI
1. Board of directors.
a. Theboardofdirectorsofanareaeducationagencyshallconsistofninemembers. Each
director shall serve a four-year term, which commences at the organization meeting.
b. Five members of the board of directors of an area education agency must be residents
of and elected in the manner provided in this section from a director district that is
approximately equal in population to the other director districts in the area education agency.
c. Four members of the board of directors of an area education agency must be appointed
by the majority vote of the superintendents of school districts located within the boundaries
of the area education agency. A member appointed pursuant to this paragraph must be a
superintendentofaschooldistrictlocatedwithintheboundariesoftheareaeducationagency;
provided,however,thatasuperintendentappointedpursuanttothisparagraphmaydesignate
any individual to serve for all, or the remainder of, the superintendent’s term.
2. Election of directors. Except as otherwise provided in subsection 3, the board of
directors of an area education agency shall be elected by a vote of the members of the boards
of directors of the local school districts located within the director district. The procedure
for conducting the elections shall be as follows:
a. Notice of the election shall be published by the area education agency administrator
not later than September 15 of the odd-numbered year in at least one newspaper of general
circulation in the director district. The cost of publication shall be paid by the area education
agency.
b. A candidate for election to the area education agency board shall file a statement
of candidacy with the area education agency secretary not later than October 15 of the
odd-numbered year, on forms prescribed by the department of education. The statement
of candidacy shall include the candidate’s name, address, and school district. The list
of candidates shall be sent by the secretary of the area education agency in ballot form
by certified mail to the presidents of the boards of directors of all school districts within
the director district not later than November 1. In order for the ballot to be counted, the
ballot must be received in the secretary’s office by the end of the normal business day on
November 30 or be clearly postmarked by an officially authorized postal service not later
than November 29 and received by the secretary not later than noon on the first Monday
following November 30.
c. The board of each separate school district that is located entirely or partially inside an
area education agency director district shall cast a vote for director of the area education
agency board described in subsection 1, paragraph “b”, based upon the ratio that the
population of the school district, or portion of the school district, in the director district
bears to the total population in the director district. The population of each school district
or portion shall be determined by the department of education. The member of the area
education agency board described in subsection 1, paragraph “b”, to be elected may be a
member of a local school district board of directors and shall be an elector and a resident of
the director district, but shall not be a school district employee.
d. (1) A vacancy, as defined in section 277.29, in a membership position of the area
education agency board described in subsection 1, paragraph “b”, shall be filled for the
unexpired portion of the term at a director district convention called and conducted in the
manner provided in subsection 3.
(2) A vacancy, as defined in section 277.29, in a membership position of the area
education agency board described in subsection 1, paragraph “c”, shall be filled for the
unexpired portion of the term by an individual who is appointed by the majority vote of
the superintendents of school districts located within the boundaries of the area education
agency.
3. Director district convention. If no candidate files with the area education agency
secretary by the deadline specified in subsection 2, or a vacancy occurs, or if otherwise
required as provided in section 273.23, subsection 3, a director district convention, attended
by members of the boards of directors of the local school districts located within the director
district, shall be called to elect a board member described in subsection 1, paragraph “b”,
for that director district. The convention location shall be determined by the area education
agency administrator. Notice of the time, date, and place of a director district convention
shall be published by the area education agency administrator in at least one newspaper
of general circulation in the director district at least thirty days prior to the day of the
convention. The cost of publication shall be paid by the area education agency. A candidate
for election to the area education agency board shall file a statement of candidacy with the
area education agency secretary at least ten days prior to the date of the director district
convention on forms prescribed by the department of education, or nominations may be
made at the convention by a delegate from a board of directors of a school district located
within the director district. A statement of candidacy shall include the candidate’s name,
address, and school district. Delegates to director district conventions shall not be bound
by a school board or any school board member to pledge their votes to any candidate prior
to the date of the convention.
4. Organization.
a. The board of directors of each area education agency shall meet and organize at
the first regular meeting in December following the regular school election at a suitable
place designated by the president. Directors whose terms commence at the organizational
meeting shall qualify by taking the oath of office required by section 277.28 at or before the
organizational meeting.
b. The provisions of section 260C.12 relating to organization, officers, appointment of
secretary and treasurer, and meetings of the merged area board apply to the area education
agency board.
5. Quorum. A majority of the members of the board of directors of the area education
agency shall constitute a quorum.
6. Change in directors. The board of an area education agency may change the number
of directors on the board and shall make corresponding changes in the boundaries of director
districts. Changes shall be completed not later than September 1 of the odd-numbered year
for the director district conventions to be held the following November.
7. Boundary line changes. To the extent possible the board shall provide that changes
in the boundary lines of director districts of area education agencies shall not lengthen or
diminish the term of office of a director of an area education agency board. Initial terms
of office shall be set by the board so that as nearly as possible the terms of one-half of the
members expire biennially.
8. Census changes.
a. Theboardoftheareaeducationagencyshallredrawboundarylinesofdirectordistricts
in the area education agency after each census to compensate for changes in population if
changes in population have taken place.
b. Where feasible, boundary lines of director districts shall coincide with the boundary
lines of school districts and the boundary lines of election precincts established pursuant to
sections 49.3 through 49.6.
[C97, §2833; C24, 27, 31, 35, 39, §4119, 4121; C46, §273.1, 273.3; C50, 54, 58, 62, §273.4,
273.5, 273.9, 273.10; C66, 71, 73, §273.4, 273.5, 273.9, 273.10, 280A.23(2); C75, 77, §273.8,
280A.23(2); C79, 81, §273.8, 280A.28, 280A.29; 82 Acts, ch 1088, §1, ch 1136, §4 – 6]