SECOND REGULAR SESSION
SENATE BILL NO. 1276
91ST GENERAL ASSEMBLY
INTRODUCED BY SENATOR GIBBONS.
Read 1st time March 1, 2002, and 1,000 copies ordered printed.
TERRY L. SPIELER, Secretary.
To repeal section 162.431, RSMo, relating to boundary changes for certain school districts, and to enact in lieu thereof one new section relating to the same subject.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 162.431, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 162.431, to read as follows:
162.431. 1. When it is necessary to change the boundary lines between seven-director school districts, in each district affected, ten percent of the voters by number of those voting for school board members in the last annual school election in each district, may petition the district boards of education in the districts affected, regardless of county lines, for a change in boundaries. The question shall be submitted at the next municipal election.
2. The voters shall decide the question by a majority vote of those who vote upon the question. If assent to the change is given by each of the various districts voting, each voting separately, the boundaries are changed from that date.
3. If one of the districts votes against the change and the other votes for the change, the matter may be appealed to the state board of education, in writing, within fifteen days of the submission of the question by either one of the districts affected, or in the above event by a majority of the signers of the petition requesting a vote on the proposal. At the first meeting of the state board following the appeal, a board of arbitration composed of three members, none of whom shall be a resident of any district affected, shall be appointed.
4. Within twenty days after notification of appointment, the board of arbitration shall meet and consider the necessity for the proposed changes and shall decide whether the boundaries shall be changed as requested in the petition or be left unchanged[, which decision shall be final]. The decision by the board of arbitration shall be rendered not more than thirty days after the matter is referred to the board. The chairman of the board of arbitration shall transmit the decision to the secretary of each district affected who shall enter the same upon the records of his district and the boundaries shall thereafter be in accordance with the decision of the board of arbitration. The members of the board of arbitration shall be allowed a fee of fifty dollars each, to be paid at the time the appeal is made by the district taking the appeal or by the petitioners should they institute the appeal.
5. If the board of arbitration decides that the boundaries shall be left unchanged, the party aggrieved shall be entitled to judicial review, as provided in sections 536.100 to 536.140, RSMo. Upon a final decision being issued that the boundaries remain unchanged, no new petition for the same, or substantially the same, boundary change between the same districts shall be filed until after the expiration of two years from the date of the municipal election at which the question was submitted to the voters of the districts.
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