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 affec
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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 second 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 second 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. Section49.8, subsection5, shallnotpermitadirectortoremainontheboardofaschool
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.