Missouri 2025 2025 Regular Session

Missouri Senate Bill SB485 Introduced / Bill

Filed 12/12/2024

                     
EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted 
and is intended to be omitted in the law. 
FIRST REGULAR SESSION 
SENATE BILL NO. 485 
103RD GENERAL ASSEMBLY  
INTRODUCED BY SENATOR SCHROER. 
1556S.01I 	KRISTINA MARTIN, Secretary  
AN ACT 
To repeal sections 162.083, 162.221, 162.223, 162.241, 162.261, 162.291, 162.301, 162.341, 
162.431, 162.459, 162.471, 162.481, 162.492, 162.601, 162.821, 162.825, 162.865, 
162.867, and 162.910, RSMo, and to enact in lieu thereof twenty new sections relating 
to school board elections, with an effective date. 
 
Be it enacted by the General Assembly of the State of Missouri, as follows: 
     Section A.  Sections 162.083, 162.221, 162.223, 162.241, 1 
162.261, 162.291, 162.301, 162.341, 162.431, 162.459, 162.471, 2 
162.481, 162.492, 162.601, 162.821, 162.825, 162.865, 162.867, 3 
and 162.910, RSMo, are repealed and twenty new sectio ns enacted 4 
in lieu thereof, to be known as sections 162.082, 162.083, 5 
162.221, 162.223, 162.241, 162.261, 162.291, 162.301, 162.341, 6 
162.431, 162.459, 162.471, 162.481, 162.492, 162.601, 162.821, 7 
162.825, 162.865, 162.867, and 162.910, to read as follows:8 
     162.082.  1.  Elections for all school board members 1 
shall be held on the first Tuesday after the first Monday in 2 
November of even-numbered years, and the term of every 3 
school board member elected in 2026 and every year 4 
thereafter shall be four y ears, except as specifically 5 
provided in other sections. 6 
     2.  Any school board member whose term expires prior to 7 
the first Tuesday after the first Monday in November of 2026 8 
or in any other odd-numbered year thereafter shall continue 9 
to serve until his or her successor is duly elected and 10 
qualified at the next general election. 11   SB 485 	2 
     3.  In an even-numbered year, the number of school 12 
board seats to be elected shall be equal to those with terms 13 
that would have expired in the previous odd -numbered year  14 
and those with terms expiring in such even -numbered year.   15 
Except as specifically provided in other sections, the 16 
candidates in each school board election receiving the 17 
highest number of votes shall be elected for terms of four 18 
years. 19 
     4.  As used in this chapter, "school board member 20 
election" or "school board election" means the election held 21 
on the first Tuesday after the first Monday of November in 22 
even-numbered years starting in 2026. 23 
     162.083.  1.  The state board of education may appoint 1 
additional members to any special administrative board 2 
appointed under section 162.081.   3 
     2.  The state board of education may set a final term 4 
of office for any member of a special administrative board, 5 
after which a succes sor member shall be elected by the 6 
voters of the district.   7 
     (1)  All final terms of office for members of the 8 
special administrative board established under this section 9 
shall expire on June thirtieth.   10 
     (2)  The election of a successor membe r shall occur on  11 
the [general municipal election day ] first Tuesday after the 12 
first Monday in November of the even -numbered year  13 
immediately prior to the expiration of the final term of 14 
office.   15 
     (3)  The election shall be conducted in a manner 16 
consistent with the election laws applicable to the school 17 
district.   18 
     3.  Nothing in this section shall be construed as 19 
barring an otherwise qualified member of the special 20   SB 485 	3 
administrative board from standing for an elected term on 21 
the board.   22 
    4.  On a date set by the state board of education, any 23 
district operating under the governance of a special 24 
administrative board shall return to local governance, and 25 
continue operation as a school district as otherwise 26 
authorized by law.   27 
     162.221.  1.  When the voters of any one or more 1 
districts as authorized in section 162.211, except those 2 
districts designated in subdivision (2) thereof, desire to 3 
form a seven-director district, a petition signed by at 4 
least ten percent in number of those voting for school board 5 
members in the last [annual] school election in each 6 
district or one hundred voters, whichever is the higher 7 
number, shall be filed with the state board of education.   8 
On receipt of the petition, a repr esentative of the state 9 
department of education, designated by the commissioner of 10 
education, shall visit the districts and determine the exact 11 
boundaries of the proposed seven -director district.  In  12 
determining these boundaries, he shall so locate the  13 
boundary lines as will in his judgment form the best 14 
possible seven-director district, having due regard also to 15 
the welfare of adjoining districts.   16 
     2.  Within sixty days after the receipt of the 17 
petition, the commissioner of education shall su bmit the  18 
question to the voters of the proposed district.  The notice  19 
shall include a statement of the purpose together with a 20 
plat of the proposed district.  The state commissioner shall 21 
file a copy of the petition and of the plat with the county 22 
clerk.  The election shall be conducted in the manner 23 
provided in section 162.191.   24   SB 485 	4 
     162.223.  1.  When the voters in any two or more 1 
adjacent districts without limitation as to size or 2 
enrollment desire to consolidate and form a new dis trict, a  3 
petition asking for an election upon the question of 4 
consolidation shall be filed with the boards of education of 5 
the affected districts; provided, however, that such 6 
petition shall be signed by ten percent of those in each 7 
district who voted for school directors at the last election 8 
in which such directors were elected, or one hundred voters, 9 
whichever is the higher number. 10 
     2.  As an alternative to the procedure in subsection 1 11 
of this section, two or more adjacent districts may, by a  12 
majority vote of each board of education, call for an 13 
election upon the question of consolidation. 14 
     3.  The question shall be submitted in substantially 15 
the following form: 16 
Shall the ______ school district and the ______ 17 
school district (and the _ _____ school district) 18 
form a new district with a tax rate ceiling of 19 
______ per one hundred dollars of assessed 20 
valuation?  If this proposition is approved, the 21 
adjusted operating levy of the new school 22 
district is estimated to be ______ (amount) per  23 
one hundred dollars of assessed valuation. 24 
     4.  The board of directors of each affected district 25 
shall cause the question to be included on the ballot to be 26 
submitted to the voters in each such district at the next 27 
election day.  A plat of the proposed new district shall be 28 
published and posted with the notices of election. 29 
     5.  The results of the voting on the proposal in each 30 
district affected shall be certified to the state 31 
commissioner of education by the secretary of each board of 32   SB 485 	5 
education of each district or by such other person or body 33 
charged with conducting such elections and, should the 34 
majority of the votes cast in each affected district be in 35 
favor of the proposal, the state commissioner shall declare 36 
the new district formed as of July first following the 37 
submission of the question. 38 
     6.  If the commissioner of education declares, before 39 
the closing date for filing for the election of board 40 
members [on the municipal election date ], that the new  41 
district is to be formed as of July first, no candidates 42 
shall be certified by the districts involved in the 43 
consolidation and the board members whose terms would 44 
otherwise have expired on that date shall remain as board 45 
members until July first.  In consolidation cases where  46 
there is insufficient time from the date the commissioner of 47 
education declares that the new district shall be formed as 48 
of July first and July first to hold an election of board 49 
members, seven board members from the boards of the 50 
consolidating districts shall be drawn by lot to serve until 51 
the next election at which the new board of education can be 52 
elected.  The number of board members selected from one 53 
district shall not exceed the quotient resulting from seven 54 
divided by the number of district s consolidating rounded 55 
down to the nearest whole number plus one.  The commissioner  56 
of education or a designee shall supervise the drawing, by 57 
lot, of the board members which shall be approved by the 58 
state board of education. 59 
     162.241.  If a proposal to form a district pursuant to 1 
the provisions of sections 162.171 to 162.191, 162.211 and 2 
162.221, or section 162.223 receives the required majority 3 
of the votes cast on the proposition, the state board of 4 
education or the county comm ission, in the case of a 5   SB 485 	6 
district formed pursuant to the provisions of sections 6 
162.171 to 162.191 or 162.211 and 162.221, shall order an 7 
election in the district to be held.  This election shall be 8 
for the purpose of electing seven members to serve on the  9 
school board of the district.  Such election shall be held 10 
on the [next election day as provided under section 115.123 ]  11 
first Tuesday after the first Monday in November of an even - 12 
numbered year.  The election shall be conducted in the 13 
manner provided by section 162.371.  A letter from the  14 
commissioner of education, delivered by certified mail to 15 
the presiding commissioner of the county commission of the 16 
county to which the district formed by provisions of section 17 
162.223 is assigned shall be t he authority for the county 18 
commission to proceed with election procedures in the same 19 
manner as they would be performed by the district board of 20 
education were it in existence; but the costs of the 21 
election shall be paid from the incidental fund of th e new  22 
district.  [Two] Three directors shall be elected to serve 23 
[until the next municipal election ] two-year terms, two to  24 
serve [until the second municipal election ] four-year terms,  25 
and two to serve [until the third municipal election.  The  26 
seventh board member shall be elected to serve until the 27 
municipal election during which the majority of school 28 
districts elect three board members ] six-year terms.  Any  29 
director elected after this initial election shall serve a 30 
four-year term.   31 
     162.261.  1.  The government and control of a seven - 1 
director school district, other than an urban district, is 2 
vested in a board of education of seven members, who hold 3 
their office for [three] four years, except as provided in 4 
sections 162.241 and 162.563, and until their successors are 5 
duly elected and qualified.  Any vacancy occurring in the 6   SB 485 	7 
board shall be filled by the remaining members of the board; 7 
except that if there are more than two vacancies at any one 8 
time, the county commission u pon receiving written notice of 9 
the vacancies shall fill the vacancies by appointment.  If  10 
there are more than two vacancies at any one time in a 11 
county without a county commission, the county executive 12 
upon receiving written notice of the vacancies sh all fill  13 
the vacancies, with the advice and consent of the county 14 
council, by appointment.  The person appointed shall hold 15 
office until the next [municipal] election, when a director 16 
shall be elected for the unexpired term. 17 
     2.  No seven-director, urban, or metropolitan school 18 
district board of education shall hire a spouse of any 19 
member of such board for a vacant or newly created position 20 
unless the position has been advertised pursuant to board 21 
policy and the superintendent of schools submits a written  22 
recommendation for the employment of the spouse to the board 23 
of education.  The names of all applicants as well as the 24 
name of the applicant hired for the position shall be 25 
included in the board minutes. 26 
     3.  The provisions of Article VI I, Section 6 of the 27 
Missouri Constitution apply to school districts. 28 
     162.291.  Except as provided in section 162.563, the 1 
voters of each seven -director district other than urban 2 
districts shall, [at municipal elections ] on the first  3 
Tuesday after the first Monday in November of even -numbered  4 
years, elect [two] directors, who are citizens of the United 5 
States and resident taxpayers of the district, [who] in  6 
accordance with the provisions of section 162.082.  Such  7 
directors shall have resided in the district for one year 8 
next preceding their election or appointment, and [who are]  9 
be at least twenty-four years of age. 10   SB 485 	8 
     162.301.  1.  Within fourteen days after the election 1 
of the first school board in each seven -director district,  2 
other than an urban district, and within fourteen days after 3 
each [annual] election, the board shall meet.  The newly  4 
elected members shall qualify by taking the oath of office 5 
prescribed by Article VII, Section 11, of the Constitution  6 
of Missouri.   7 
     2.  The board shall organize by the election of a 8 
president and vice president, and the board shall, on or 9 
before the fifteenth day of [July of each year] January in  10 
odd-numbered years, elect a secretary and a treasurer, who 11 
shall enter upon their respective duties on the fifteenth 12 
day of [July] January.  The secretary and treasurer may be 13 
or may not be members of the board.  No compensation shall 14 
be granted to either the secretary or the treasurer until 15 
his report and settleme nt are made and filed or published as 16 
the law directs.   17 
     3.  A majority of the board constitutes a quorum for 18 
the transaction of business, but no contract shall be let, 19 
person employed, bill approved or warrant ordered unless a 20 
majority of the whole board votes therefor.   21 
     162.341.  The [annual] school board member election in  1 
seven-director districts[, except urban districts, ] shall be  2 
held on [municipal election days ] the first Tuesday after 3 
the first Monday in November of e ven-numbered years. 4 
     162.431.  1.  When it is necessary to change the 1 
boundary lines between seven -director school districts, in 2 
each district affected, ten percent of the voters by number 3 
of those voting for school board members in th e last  4 
[annual] school election in each district may petition the 5 
district boards of education in the districts affected, 6 
regardless of county lines, for a change in boundaries.  The  7   SB 485 	9 
question shall be submitted at the next election, as the 8 
term election is referenced and defined in section 115.123.   9 
     2.  The voters shall decide the question by a majority 10 
vote of those who vote upon the question.  If assent to the  11 
change is given by each of the various districts voting, 12 
each voting separately, t he boundaries are changed from that 13 
date.   14 
     3.  If one of the districts votes against the change 15 
and the other votes for the change, the matter may be 16 
appealed to the state board of education, in writing, within 17 
fifteen days of the submission of t he question by either one 18 
of the districts affected, or in the above event by a 19 
majority of the signers of the petition requesting a vote on 20 
the proposal.  At the first meeting of the state board 21 
following the appeal, a board of arbitration composed of  22 
three members, none of whom shall be a resident of any 23 
district affected, shall be appointed.  In determining  24 
whether it is necessary to change the boundary line between 25 
seven-director districts, the board of arbitration shall 26 
base its decision upon the following:  27 
     (1)  The presence of school -aged children in the 28 
affected area;  29 
     (2)  The presence of actual educational harm to school - 30 
aged children, either due to a significant difference in the 31 
time involved in transporting students or educ ational  32 
deficiencies in the district which would have its boundary 33 
adversely affected; and 34 
     (3)  The presence of an educational necessity, not of a 35 
commercial benefit to landowners or to the district 36 
benefitting for the proposed boundary adjustmen t.   37   SB 485 	10 
For purposes of subdivision (2) of this subsection, 38 
"significant difference in the time involved in transporting 39 
students" shall mean a difference of forty -five minutes or  40 
more per trip in travel time.  "Travel time" is the period 41 
of time required to transport a pupil from the pupil's place 42 
of residence or other designated pick -up point to the site 43 
of the pupil's educational placement.   44 
     4.  Within twenty days after notification of 45 
appointment, the board of arbitration shall meet and 46 
consider the necessity for the proposed changes and shall 47 
decide whether the boundaries shall be changed as requested 48 
in the petition or be left unchanged, which decision shall 49 
be final.  The decision by the board of arbitration shall be 50 
rendered not more than thirty days after the matter is 51 
referred to the board.  The chairman of the board of 52 
arbitration shall transmit the decision to the secretary of 53 
each district affected who shall enter the same upon the 54 
records of his district and the boundaries sha ll thereafter  55 
be in accordance with the decision of the board of 56 
arbitration.  The members of the board of arbitration shall 57 
be allowed a fee of fifty dollars each, to be paid at the 58 
time the appeal is made by the district taking the appeal or 59 
by the petitioners should they institute the appeal.   60 
     5.  If the board of arbitration decides that the 61 
boundaries shall be left unchanged, no new petition for the 62 
same, or substantially the same, boundary change between the 63 
same districts shall be filed until after the expiration of 64 
two years from the date of the municipal election at which 65 
the question was submitted to the voters of the districts.   66 
     162.459.  1.  Notwithstanding other provisions of law 1 
to the contrary, the school bo ard of each school district 2 
designated in the statutes as a seven -director or urban  3   SB 485 	11 
school district shall consist of seven members.  [At the  4 
first election for members of the school board in each of 5 
such districts after January 1, 1993, and each three years  6 
thereafter, three members of the school board shall be 7 
elected; except, no school district composed of seven 8 
members as of January 1, 1993, shall be required to modify 9 
its schedule of electing board members ] For all board  10 
members serving terms a s of January 1, 2026, their terms 11 
shall be modified in accordance with the provisions of 12 
section 162.082.  The term of every board member elected in 13 
2026 or thereafter shall be four years .   14 
     2.  Provisions of law applicable to seven -director and  15 
urban school districts, except those which conflict with the 16 
provisions of this section, shall apply to and govern the 17 
school districts designated in subsection 1 of this section. 18 
     162.471.  1.  The government and control of an urban 1 
school district is vested in a board of seven directors. 2 
     2.  Except as provided in section 162.563, each 3 
director shall be a voter of the district who has resided 4 
within this state for one year next preceding the director's 5 
election or appointment an d who is at least twenty -four  6 
years of age.  All directors elected in 2026 or thereafter ,  7 
except as otherwise provided in sections 162.481, 162.492, 8 
and 162.563, shall hold their offices for [six] four years  9 
and until their successors are duly elected and qualified.   10 
The term of any board member serving a six -year term as of  11 
January 1, 2026, shall be modified in accordance with the 12 
provisions of section 162.082.  All vacancies occurring in 13 
the board shall be filled by appointment by the board as 14 
soon as practicable, and the person appointed shall hold 15 
office until the next school board election, when a 16 
successor shall be elected for the remainder of the 17   SB 485 	12 
unexpired term.  The power of the board to perform any 18 
official duty during the existence of a vacancy continues 19 
unimpaired thereby. 20 
     162.481.  1.  Except as otherwise provided in [this  1 
section and] sections 162.492 and 162.563, all elections of 2 
school directors in urban school districts shall be held 3 
biennially [at the same times and places as municipal 4 
elections] on the first Tuesday after the first Monday in 5 
November of even-numbered years. 6 
     2.  Except as otherwise provided in [subsections 3, 4,  7 
and 5] subsection 3 of this section, hereafter when a seven - 8 
director district becomes an urban school district, the 9 
directors of the prior seven -director district shall 10 
continue as directors of the urban school district until the 11 
expiration of the terms for which they were elected and 12 
until their successors are elected as provided in this  13 
subsection.  The first biennial school election for 14 
directors shall be held in the urban school district at the 15 
time provided in subsection 1 of this section which is on  16 
the date of or subsequent to the expiration of the terms of 17 
the directors of the prior district which are first to 18 
expire, and directors shall be elected to succeed the 19 
directors of the prior district whose terms have expired.   20 
If the terms of two directors only have expired, the 21 
directors elected at the first bie nnial school election in 22 
the urban school district shall be elected for terms of six 23 
years.  If the terms of four directors have expired, two 24 
directors shall be elected for terms of six years and two 25 
shall be elected for terms of four years.  At the next  26 
succeeding biennial election held in the urban school 27 
district, successors for the remaining directors of the 28 
prior seven-director district shall be elected.  If only two  29   SB 485 	13 
directors are to be elected they shall be elected for terms 30 
of six years each.  If four directors are to be elected, two 31 
shall be elected for terms of six years and two shall be 32 
elected for terms of two years.  After seven directors of 33 
the urban school district have been elected under this 34 
subsection, their successors shall be elected for terms of 35 
[six] four years. 36 
     3.  [In any school district in which a majority of the 37 
district is located in any home rule city with more than one 38 
hundred fifty-five thousand but fewer than two hundred 39 
thousand inhabitants, elections shall be held annually at 40 
the same times and places as general municipal elections for 41 
all years where one or more terms expire, and the terms 42 
shall be for three years and until their successors are duly 43 
elected and qualified for all directors elected on an d after  44 
August 28, 1998. 45 
     4.]  For any school district which becomes an urban 46 
school district by reason of the [2000] 2020 federal  47 
decennial census, elections shall be held [annually at the  48 
same times and places as general municipal elections for a ll  49 
years where one or more terms expire ] on the first Tuesday 50 
after the first Monday in November of even -numbered years,  51 
and the terms shall be for [three] four years and until  52 
their successors are duly elected and qualified for all 53 
directors elected on and after [August 28, 2001] November 3,  54 
2026. 55 
     [5.] 4.  In any school district in any county with a 56 
charter form of government and with more than three hundred 57 
thousand but fewer than four hundred fifty thousand 58 
inhabitants which becomes an urba n school district by reason 59 
of the 2010 federal decennial census, elections shall be 60 
held annually at the same times and places as general 61   SB 485 	14 
municipal elections for all years where one or more terms 62 
expire, and the terms shall be for three years and unti l  63 
their successors are duly elected and qualified for all 64 
directors elected on and after April 2, 2012. 65 
     [6.] 5.  In any urban school district in a county of 66 
the first classification with more than eighty -three  67 
thousand but fewer than ninety -two thousand inhabitants and 68 
with a home rule city with more than seventy -six thousand  69 
but fewer than ninety -one thousand inhabitants as the county 70 
seat, elections shall be held annually at the same times and 71 
places as general municipal elections for all yea rs where  72 
one or more terms expire, and upon expiration of any term 73 
after August 28, 2015, the term of office shall be for three 74 
years and until their successors are duly elected and 75 
qualified. 76 
     162.492.  1.  In all urban districts con taining the  1 
greater part of the population of a city which has more than 2 
three hundred thousand inhabitants, the election authority 3 
of the city in which the greater portion of the school 4 
district lies, and of the county if the district includes 5 
territory not within the city limits, shall serve ex officio 6 
as a redistricting commission.  The commission shall on or 7 
before November 1, 2018, divide the school district into 8 
five subdistricts, all subdistricts being of compact and 9 
contiguous territory and as nearly equal in the number of 10 
inhabitants as practicable and thereafter the board shall 11 
redistrict the district into subdivisions as soon as 12 
practicable after each United States decennial census.  In  13 
establishing the subdistricts each member shall have one  14 
vote and a majority vote of the total membership of the 15 
commission is required to make effective any action of the 16 
commission. 17   SB 485 	15 
     2.  School board elections for the election of 18 
directors shall be held on municipal election days in 2014 19 
and 2016.  At the election in 2014, directors shall be 20 
elected to hold office until 2019 and until their successors 21 
are elected and qualified.  At the election in 2016, 22 
directors shall be elected until 2019 and until their 23 
successors are elected and qualif ied.  Beginning in [2019]  24 
2026, school elections for the election of directors shall 25 
be held on the [local election date as specified in the 26 
charter of a home rule city with more than four hundred 27 
thousand inhabitants and located in more than one count y]  28 
first Tuesday after the first Monday in November of even - 29 
numbered years.  The terms of board members described in 30 
this subsection shall be modified in accordance with the 31 
provisions of section 162.082 .  Beginning at the election 32 
for school directors in [2019] 2026, the number of directors 33 
on the board shall be reduced from nine to seven.  Two  34 
directors shall be at -large directors and five directors 35 
shall represent the subdistricts, with one director from 36 
each of the subdistricts.  At the [2019] 2026 election, one  37 
of the at-large directors and the directors from 38 
subdistricts one, three, and five shall be elected for a two - 39 
year term, and the other at -large director and the directors 40 
from subdistricts two and four shall be elected for a four - 41 
year term.  Thereafter, all seven directors shall serve a 42 
four-year term.  Directors shall serve until the next 43 
election and until their successors, then elected, are duly 44 
qualified as provided in this section.  In addition to other 45 
qualifications prescr ibed by law, each member elected from a 46 
subdistrict shall be a resident of the subdistrict from 47 
which he or she is elected.  The subdistricts shall be 48 
numbered from one to five. 49   SB 485 	16 
     3.  The five candidates, one from each of the 50 
subdistricts, who recei ve a plurality of the votes cast by 51 
the voters of that subdistrict and the at -large candidates  52 
receiving a plurality of the at -large votes shall be 53 
elected.  The name of no candidate for nomination shall be 54 
printed on the ballot unless the candidate ha s at least  55 
sixty days prior to the election filed a declaration of 56 
candidacy with the secretary of the board of directors 57 
containing the signatures of at least two hundred fifty 58 
registered voters who are residents of the subdistrict 59 
within which the candidate for nomination to a subdistrict 60 
office resides, and in case of at -large candidates the 61 
signatures of at least five hundred registered voters.  The  62 
election authority shall determine the validity of all 63 
signatures on declarations of candidacy. 64 
     4.  In any election either for at -large candidates or 65 
candidates elected by the voters of subdistricts, if there 66 
are more than two candidates, a majority of the votes are 67 
not required to elect but the candidate having a plurality 68 
of the votes shall be elected. 69 
     5.  The names of all candidates shall appear upon the 70 
ballot without party designation and in the order of the 71 
priority of the times of filing their petitions of 72 
nomination.  No candidate may file both at large and from a 73 
subdistrict and the names of all candidates shall appear 74 
only once on the ballot, nor may any candidate file more 75 
than one declaration of candidacy.  All declarations shall 76 
designate the candidate's residence and whether the 77 
candidate is filing at large or from a subdistrict and the 78 
numerical designation of the subdistrict or at -large area. 79 
     6.  The provisions of all sections relating to seven - 80 
director school districts shall also apply to and govern 81   SB 485 	17 
urban districts in cities of more than three hundred 82 
thousand inhabitants, to the extent applicable and not in 83 
conflict with the provisions of those sections specifically 84 
relating to such urban districts. 85 
     7.  Vacancies which occur on the school board shall be 86 
filled in the manner provided in section 162. 471. 87 
     162.601.  1.  [Elected members of the board in office 1 
on August 28, 1998, shall hold office for the length of term 2 
for which they were elected, and any members appointed 3 
pursuant to section 162.611 to fill vacancies left by 4 
elected members in office on August 28, 1998, shall serve 5 
for the remainder of the term to which the replaced member 6 
was elected.   7 
     2.  No board members shall be elected at the first 8 
municipal election in an odd -numbered year next following 9 
August 28, 1998.   10 
     3.  Three board members shall be elected at the second 11 
municipal election in an odd -numbered year next following 12 
August 28, 1998, to serve four -year terms.   13 
     4.  Four board members shall be elected at the third 14 
municipal election in a n odd-numbered year next following 15 
August 28, 1998, and two of such members shall be elected to 16 
four-year terms and two of such members shall be elected to 17 
three-year terms.  For the two members elected at the 18 
municipal election in 2006, the terms of s uch members shall  19 
expire after their successors are elected and qualified 20 
pursuant to subsection 6 of this section.   21 
     5.  Beginning with the fourth municipal election in an 22 
odd-numbered year next following August 28, 1998, and at 23 
each succeeding municipal election in a year during which 24 
board member terms expire, there shall be elected members of 25 
the board of education, who shall assume the duties of their 26   SB 485 	18 
office at the first regular meeting of the board of 27 
education after their election, and w ho shall hold office 28 
for four years, and until their successors are elected and 29 
qualified.   30 
     6.  For the two board members who are elected at the 31 
municipal election in 2006, their successors thereafter 32 
shall be elected at the general election in t he year in  33 
which their terms expire ] All board members shall be elected 34 
at elections held on the first Tuesday after the first 35 
Monday in November of even -numbered years.  For all board  36 
members serving terms as of January 1, 2026, their terms 37 
shall be modified in accordance with the provisions of 38 
section 162.082.  The term of every board member elected in 39 
2026 or thereafter shall be four years .   40 
     [7.] 2.  Members of the board of directors shall be 41 
elected to represent seven subdistricts.  The subdistricts  42 
shall be established by the state board of education to be 43 
compact, contiguous and as nearly equal in population as 44 
practicable.  The subdistricts shall be revised by the state 45 
board of education after each decennial census and at any 46 
other time the state board determines that the district's 47 
demographics have changed sufficiently to warrant 48 
redistricting.   49 
     [8.] 3.  A member shall reside in and be elected in the 50 
subdistrict which the member is elected to represent.   51 
Subdistrict 1 shall be comprised of wards 1, 2, 22 and 27. 52 
Subdistrict 2 shall be comprised of wards 3, 4, 5 and 21.   53 
Subdistrict 3 shall be comprised of wards 18, 19, 20 and 54 
26.  Subdistrict 4 shall be comprised of wards 6, 7, 17 and 55 
28.  Subdistrict 5 shall be compr ised of wards 9, 10, 11 and 56 
12.  Subdistrict 6 shall be comprised of wards 13, 14, 16 57   SB 485 	19 
and 25. Subdistrict 7 shall be comprised of wards 8, 15, 23 58 
and 24.   59 
     162.821.  The district secretary shall keep a record of 1 
the proceedings of al l [annual and special] elections of the  2 
voters of the district and of the proceedings of the board 3 
of education.  He shall make copies of the election notices, 4 
contracts with teachers, certificates and all other papers 5 
relating to the business of the d istrict, and securely keep 6 
the same.  He shall maintain a correct plat of the district 7 
and shall promptly notify the department of elementary and 8 
secondary education and the county clerk of each county 9 
affected of all changes in the boundaries of the d istrict.   10 
He shall transmit to the county commission and to the state 11 
department of elementary and secondary education, on or 12 
before the fifteenth day of August in each year, a report 13 
embracing the following items: 14 
     (1)  The number of children, ma le and female, attending 15 
the public schools during the year; 16 
     (2)  Total number of days' attendance by all such 17 
children;  18 
     (3)  The number of days the public schools of the 19 
district have been maintained during the school year; 20 
     (4)  The number of teachers employed, male and female, 21 
and the wages per month of each; 22 
     (5)  Estimated value of school property owned and 23 
managed by the district; 24 
     (6)  Assessed valuation of the district; 25 
     (7)  Rate of school tax on the assessed va luation of  26 
the district;  27 
     (8)  Cash on hand at the beginning of the year; 28 
     (9)  Tuition fees received and credited to the 29 
teachers' fund of the district; 30   SB 485 	20 
     (10)  Public funds received by county treasurer; 31 
     (11)  District tax received b y county (or township) 32 
treasurer;  33 
     (12)  Amount paid on teachers' wages; 34 
     (13)  Amount paid for incidental expenses; 35 
     (14)  Amount expended for purchasing site, erecting 36 
schoolhouses, rent and repairs; 37 
     (15)  Amount expended in cancel ling bonded indebtedness 38 
and paying interest on same; 39 
     (16)  Amount expended for library; 40 
     (17)  Cash on hand at the end of the year; and  41 
     (18)  Such other information as may be required by the 42 
state board of education.   43 
    162.825.  Whenever there is presented to the state 1 
board of education a petition signed by voters in each 2 
district in the proposed special district equal in number in 3 
each district to five percent of the number of votes cast 4 
for school board members in the last [annual] school  5 
election praying (a) that a special school district 6 
embracing the entire area described in the petition be 7 
organized for the education and training of handicapped and 8 
severely handicapped children and for vocational educatio n  9 
purposes; and (b) that a proposal be submitted to the voters 10 
of the proposed district for the organization of the special 11 
school district, the state board of education, unless 12 
section 162.835 applies, shall, within thirty days of the 13 
receipt of said petition, direct the board of education of 14 
each school district comprising the proposed special 15 
district to cause the proposal to be submitted to the voters 16 
in each such district at the next [municipal] school board  17 
member election or, if the next [annual] school board member  18 
election is more than sixty days away, cause the proposal to 19   SB 485 	21 
be submitted to the voters in each such district at a 20 
special election called in accordance with law on a date set 21 
by the state board of education.  The election shall be  22 
conducted in each school district comprising the proposed 23 
special district in the manner provided by law for the 24 
conducting of school district elections generally in 25 
sections 162.351 and 162.601, unless a different procedure 26 
is specifically prov ided in sections 162.670 to [162.995]  27 
162.974.   28 
     162.865.  The board members of a special school 1 
district with a population of not more than one hundred 2 
thousand persons shall be elected at large.  The seven  3 
receiving the largest num ber of votes shall be elected and 4 
the three receiving the highest number of votes cast shall 5 
be elected for terms of [three] six years each; the two 6 
receiving the next highest number of votes cast shall be 7 
elected for terms of [two] four years each; and the two  8 
receiving the next highest number of votes cast shall be 9 
elected for terms of [one year] two years each.  [That part  10 
of the year between the date of the election of board 11 
members and the municipal election day of the following year 12 
is considered a full year in the terms of the members 13 
elected.]  All board members shall serve until their 14 
successors are elected and qualified and the state board of 15 
education shall issue certificates of election to the board 16 
members elected.   17 
    162.867.  1.  Board of education members of a special 1 
school district with a population of more than one hundred 2 
thousand persons in office on August 28, 1999, shall serve 3 
the remainder of their terms and shall serve until their 4 
successors are duly elected and qualified pursuant to this 5 
section.   6   SB 485 	22 
     2.  On and after August 28, 1999, each new member of a 7 
board of education of a special school district with a 8 
population of more than one hundred thousand persons shall 9 
be elected pursuant to this section by the governing council 10 
established pursuant to section 162.856.   11 
     3.  Pursuant to this section, each qualified candidate 12 
for the board of education of a special school district with 13 
a population of more than one hundred thousand persons 14 
shall:  15 
     (1)  Be a voter of the district who has resided within 16 
the state for one year next preceding selection to the board 17 
and is resident in the subdistrict in which the candidate 18 
files; and  19 
     (2)  Be at least twenty-four years of age.  20 
     4.  No member of the board of education of a special 21 
school district with a population of more than one hundred 22 
thousand persons shall: 23 
     (1)  Vote on, solicit, transact, offer, or accept any 24 
contract between the special school district and any 25 
corporation, partnership, association, or other organization 26 
in which that member of the board of education has a 27 
financial interest, unless otherwise provided herein, 28 
excluding interests owned prior to such member's election; 29 
     (2)  Hold any office or employment of profit from the 30 
board of education of the special school district while 31 
serving.  However, nothing in this section shall be 32 
construed to preclude a person from being elected to or 33 
serving on the board of education of the special school 34 
district on the basis that the person is related to a pupil 35 
of the special school district or to a pupil of any school 36 
district all or a portion of which is contained within the 37 
special school district; or 38   SB 485 	23 
     (3)  Vote on, solicit, transact, offer, or accept any  39 
contract or procurement in which that board member shall 40 
have a direct or indirect beneficial interest, unless: 41 
     (a)  The material facts as to such member's 42 
relationship or interest and as to the contract or 43 
transaction are disclosed in writing and are known to the 44 
board and governing council, and such governing council and 45 
board, in good faith, authorize the contract or transaction 46 
by the affirmative vote of the majority of the disinterested 47 
members; and  48 
     (b)  Such member's relationship or interest in such 49 
contract or transaction shall not be voted upon by such 50 
interested member. 51 
     5.  [Beginning in April, 1997, and every third year 52 
thereafter, two members shall be elected.  Beginning in  53 
April, 1998, and every third ye ar thereafter, two members 54 
shall be elected.  Beginning in April, 1999, and every third 55 
year thereafter, three members shall be elected ] For all  56 
board members serving terms as of January 1, 2026, their 57 
terms shall be modified in accordance with the pro visions of  58 
section 162.082.  The term of every board member elected in 59 
2026 or thereafter shall be four years .  A member shall be  60 
elected to fill each open seat on the board of education.   61 
     6.  Board members elected in 2026 or thereafter shall  62 
serve [three-year] four-year terms and shall serve until 63 
their successors are duly elected and qualified.   64 
     7.  The board of education shall, upon formation and 65 
each decade within ninety days following the publication of 66 
the final decennial census fig ures thereafter, adopt a 67 
resolution calling for the formation of a redistricting 68 
committee.  Upon adoption of such resolution, the secretary 69 
of the board of education shall forward a certified copy 70   SB 485 	24 
thereof to the state board of education.  The redistricting  71 
committee shall consist of three residents within the 72 
district, appointed by the board of education of the special 73 
school district, plus three additional persons resident 74 
within the special school district, appointed by the state 75 
board of education.  Thereafter, the redistricting committee 76 
shall meet, organize itself with a chairman and secretary, 77 
and proceed with the adoption of a redistricting plan.  Any  78 
plan proposed to be adopted must receive approval of a 79 
majority of the whole redistrict ing committee.  Upon  80 
adoption, the redistricting committee shall forward a copy 81 
of the plan certified by the secretary of the redistricting 82 
committee to the state board of education for its approval 83 
or disapproval.  The state board of education shall a pprove  84 
any redistricting plan which divides the special district 85 
into seven subdistricts of equal population, taking into 86 
account insofar as possible existing school district 87 
boundary lines.  Upon approval by the state board of 88 
education, the redistri cting plan shall become effective and 89 
all board members selected thereafter shall be selected from 90 
subdistricts in which they are resident.  If the plan is not 91 
approved, then it shall be returned to the redistricting 92 
committee for revision and resubmis sion.  If a redistricting 93 
plan has not been adopted within one year after the 94 
publication of the decennial census figures, the state board 95 
of education shall provide the redistricting plan.  No  96 
member of the redistricting committee shall serve on the 97 
board of education for a period of six years following such 98 
service on the redistricting committee.   99 
     8.  The structure of the board of education and the 100 
selection of members of the board of education of a special 101 
school district with a population of more than one hundred 102   SB 485 	25 
thousand persons shall be as established pursuant to this 103 
section, except as may be otherwise approved by the voters 104 
of the special school district under section 162.858.   105 
     162.910.  At the elections conducted pursuant to  1 
section 162.865, the voters of a special district with a 2 
population of not more than one hundred thousand persons 3 
shall elect, by ballot, two board members to succeed those 4 
whose terms have expired and the board members so elected 5 
shall hold office for terms of [three] four years and until  6 
their successors have been elected and qualified and shall 7 
assume the duties of their offices at the first regular 8 
meeting of the board of education held after their 9 
election.  Candidates shall file their declarations of 10 
candidacy for office of board member with the secretary of 11 
the board of education of the special school district.  A  12 
majority of the then qualified members of the board of 13 
education of the special school district shall certify the  14 
candidates receiving the greatest number of votes for terms 15 
of [three] four years each and until their successors shall 16 
have been elected and qualified, and shall declare and 17 
certify the results of the vote cast on any question 18 
presented at the elect ion. 19 
     Section B.  Section A of this act shall become 1 
effective on January 1, 2026. 2 
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