Boundary change--procedure--arbitration--compensation ofarbitrators--resubmission of changes restricted.
162.431. 1. When it is necessary to change the boundary linesbetween seven-director school districts, in each district affected, tenpercent of the voters by number of those voting for school board members inthe last annual school election in each district may petition the districtboards of education in the districts affected, regardless of county lines,for a change in boundaries. The question shall be submitted at the nextelection, as the term election is referenced and defined in section115.123, RSMo.
2. The voters shall decide the question by a majority vote of thosewho vote upon the question. If assent to the change is given by each ofthe various districts voting, each voting separately, the boundaries arechanged from that date.
3. If one of the districts votes against the change and the othervotes for the change, the matter may be appealed to the state board ofeducation, in writing, within fifteen days of the submission of thequestion by either one of the districts affected, or in the above event bya majority of the signers of the petition requesting a vote on theproposal. At the first meeting of the state board following the appeal, aboard of arbitration composed of three members, none of whom shall be aresident of any district affected, shall be appointed. In determiningwhether it is necessary to change the boundary line between seven-directordistricts, the board of arbitration shall base its decision upon thefollowing:
(1) The presence of school-aged children in the affected area;
(2) The presence of actual educational harm to school-aged children,either due to a significant difference in the time involved in transportingstudents or educational deficiencies in the district which would have itsboundary adversely affected; and
(3) The presence of an educational necessity, not of a commercialbenefit to landowners or to the district benefitting for the proposedboundary adjustment.
For purposes of subdivision (2) of this subsection, "significant differencein the time involved in transporting students" shall mean a difference offorty-five minutes or more per trip in travel time. "Travel time" is theperiod of time required to transport a pupil from the pupil's place ofresidence or other designated pick-up point to the site of the pupil'seducational placement.
4. Within twenty days after notification of appointment, the board ofarbitration shall meet and consider the necessity for the proposed changesand shall decide whether the boundaries shall be changed as requested inthe petition or be left unchanged, which decision shall be final. Thedecision by the board of arbitration shall be rendered not more than thirtydays after the matter is referred to the board. The chairman of the boardof arbitration shall transmit the decision to the secretary of eachdistrict affected who shall enter the same upon the records of his districtand the boundaries shall thereafter be in accordance with the decision ofthe board of arbitration. The members of the board of arbitration shall beallowed a fee of fifty dollars each, to be paid at the time the appeal ismade by the district taking the appeal or by the petitioners should theyinstitute the appeal.
5. If the board of arbitration decides that the boundaries shall beleft unchanged, no new petition for the same, or substantially the same,boundary change between the same districts shall be filed until after theexpiration of two years from the date of the municipal election at whichthe question was submitted to the voters of the districts.
Boundary change--procedure--arbitration--compensation ofarbitrators--resubmission of changes restricted.
162.431. 1. When it is necessary to change the boundary linesbetween seven-director school districts, in each district affected, tenpercent of the voters by number of those voting for school board members inthe last annual school election in each district may petition the districtboards of education in the districts affected, regardless of county lines,for a change in boundaries. The question shall be submitted at the nextelection, as the term election is referenced and defined in section115.123, RSMo.
2. The voters shall decide the question by a majority vote of thosewho vote upon the question. If assent to the change is given by each ofthe various districts voting, each voting separately, the boundaries arechanged from that date.
3. If one of the districts votes against the change and the othervotes for the change, the matter may be appealed to the state board ofeducation, in writing, within fifteen days of the submission of thequestion by either one of the districts affected, or in the above event bya majority of the signers of the petition requesting a vote on theproposal. At the first meeting of the state board following the appeal, aboard of arbitration composed of three members, none of whom shall be aresident of any district affected, shall be appointed. In determiningwhether it is necessary to change the boundary line between seven-directordistricts, the board of arbitration shall base its decision upon thefollowing:
(1) The presence of school-aged children in the affected area;
(2) The presence of actual educational harm to school-aged children,either due to a significant difference in the time involved in transportingstudents or educational deficiencies in the district which would have itsboundary adversely affected; and
(3) The presence of an educational necessity, not of a commercialbenefit to landowners or to the district benefitting for the proposedboundary adjustment.
For purposes of subdivision (2) of this subsection, "significant differencein the time involved in transporting students" shall mean a difference offorty-five minutes or more per trip in travel time. "Travel time" is theperiod of time required to transport a pupil from the pupil's place ofresidence or other designated pick-up point to the site of the pupil'seducational placement.
4. Within twenty days after notification of appointment, the board ofarbitration shall meet and consider the necessity for the proposed changesand shall decide whether the boundaries shall be changed as requested inthe petition or be left unchanged, which decision shall be final. Thedecision by the board of arbitration shall be rendered not more than thirtydays after the matter is referred to the board. The chairman of the boardof arbitration shall transmit the decision to the secretary of eachdistrict affected who shall enter the same upon the records of his districtand the boundaries shall thereafter be in accordance with the decision ofthe board of arbitration. The members of the board of arbitration shall beallowed a fee of fifty dollars each, to be paid at the time the appeal ismade by the district taking the appeal or by the petitioners should theyinstitute the appeal.
5. If the board of arbitration decides that the boundaries shall beleft unchanged, no new petition for the same, or substantially the same,boundary change between the same districts shall be filed until after theexpiration of two years from the date of the municipal election at whichthe question was submitted to the voters of the districts.
Boundary change--procedure--arbitration--compensation ofarbitrators--resubmission of changes restricted.
162.431. 1. When it is necessary to change the boundary linesbetween seven-director school districts, in each district affected, tenpercent of the voters by number of those voting for school board members inthe last annual school election in each district may petition the districtboards of education in the districts affected, regardless of county lines,for a change in boundaries. The question shall be submitted at the nextelection, as the term election is referenced and defined in section115.123, RSMo.
2. The voters shall decide the question by a majority vote of thosewho vote upon the question. If assent to the change is given by each ofthe various districts voting, each voting separately, the boundaries arechanged from that date.
3. If one of the districts votes against the change and the othervotes for the change, the matter may be appealed to the state board ofeducation, in writing, within fifteen days of the submission of thequestion by either one of the districts affected, or in the above event bya majority of the signers of the petition requesting a vote on theproposal. At the first meeting of the state board following the appeal, aboard of arbitration composed of three members, none of whom shall be aresident of any district affected, shall be appointed. In determiningwhether it is necessary to change the boundary line between seven-directordistricts, the board of arbitration shall base its decision upon thefollowing:
(1) The presence of school-aged children in the affected area;
(2) The presence of actual educational harm to school-aged children,either due to a significant difference in the time involved in transportingstudents or educational deficiencies in the district which would have itsboundary adversely affected; and
(3) The presence of an educational necessity, not of a commercialbenefit to landowners or to the district benefitting for the proposedboundary adjustment.
For purposes of subdivision (2) of this subsection, "significant differencein the time involved in transporting students" shall mean a difference offorty-five minutes or more per trip in travel time. "Travel time" is theperiod of time required to transport a pupil from the pupil's place ofresidence or other designated pick-up point to the site of the pupil'seducational placement.
4. Within twenty days after notification of appointment, the board ofarbitration shall meet and consider the necessity for the proposed changesand shall decide whether the boundaries shall be changed as requested inthe petition or be left unchanged, which decision shall be final. Thedecision by the board of arbitration shall be rendered not more than thirtydays after the matter is referred to the board. The chairman of the boardof arbitration shall transmit the decision to the secretary of eachdistrict affected who shall enter the same upon the records of his districtand the boundaries shall thereafter be in accordance with the decision ofthe board of arbitration. The members of the board of arbitration shall beallowed a fee of fifty dollars each, to be paid at the time the appeal ismade by the district taking the appeal or by the petitioners should theyinstitute the appeal.
5. If the board of arbitration decides that the boundaries shall beleft unchanged, no new petition for the same, or substantially the same,boundary change between the same districts shall be filed until after theexpiration of two years from the date of the municipal election at whichthe question was submitted to the voters of the districts.
