Iowa Code

Iowa Code § 275.16 (2026)

Hearing when territory in different area education agencies

✓ current as of July 2026

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1. If the territory described in the petition for the proposed corporation lies in more than one area education agency, the agency administrator with whom the petition is filed shall fix the time and place for a hearing and call a joint meeting of the members of all the agency boards in which territory of the proposed school corporation lies, to act as a single board for the hearing of the objections, and a majority of members of each of the agency boards of the different agencies in which any part of the proposed corporation lies, constitutes a quorum. The president of the board of directors of the area education agency in which the petition has been filed, or a member of the board designated by the president, shall preside at the joint meeting. The joint boards acting as a single board shall determine whether the petition conforms to plans or, if the petition requests a change in plans, whether a change should be made, and may change the plans of any or all the area education agency boards affected by the petition. The joint board shall determine and fix boundaries for the proposed corporation as provided in section 275.15 or dismiss the petition. The joint board may continue the hearing as provided in section 275.15.

2. Votes of each member of an area education agency board in attendance shall be weighted so that the total number of votes eligible to be cast by members of each board in attendance shall be equal. However, if the joint boards cast a tie vote and are unable to agree to a decision fixing the boundaries for the proposed school corporation or to a decision to dismiss the petition, the time during which actions must be taken under section 275.15 shall be extended from ten days to fifteen days after the conclusion of the hearing under section 275.15, and the joint board shall reconvene not less than ten and not more than fifteen days after the conclusion of the hearing. At the hearing the joint board shall reconsider its action and if a tie vote is again cast it is a decision granting the petition and changing the plans of any and all of the agency boards affected by the petition and fixing the boundaries for the proposed school corporation. The agency administrator shall at once publish the decision in the same newspaper in which the original notice was published.

3. In case a controversy arises from such meeting, the area education agency board or boards or any school district aggrieved may bring the controversy to the department of education, as provided in section 275.8, within twenty days from the publication of this order, and if said controversy is taken to the department of education, a ten-day notice in writing shall be given to all agency boards and school districts affected or portions thereof. The department shall have the authority to affirm the action of the joint boards, to vacate, to\n\nTue Dec 09 22:18:01 2025 Iowa Code 2026, Chapter 275 (40, 1) 9 REORGANIZATION OF SCHOOL DISTRICTS, §275.20\n\ndismiss all proceedings or to make such modification of the action of the joint boards as in their judgment would serve the best interest of all the agencies.

4. Judicial review of the actions of the department may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A. Notwithstanding the terms of said Act, petitions for judicial review must be filed within thirty days after the decision of the department of education. [C24, 27, 31, 35, 39, §4162; C46, 50, §276.9; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §275.16] 84 Acts, ch 1078, §10; 85 Acts, ch 212, §24; 85 Acts, ch 221, §3; 86 Acts, ch 1237, §17; 2003 Acts, ch 44, §114; 2010 Acts, ch 1061, §180 Referred to in §275.8, 275.11, 275.12, 275.15, 275.18, 275.23, 275.23A, 275.24 \n

Notes of Decisions

Cited in 25 cases, 1956–1972 · leading case: Bd. of Directors v. Iowa State Bd. of Pub. Instruction, 106 N.W.2d 670 (Iowa 1960).

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Bd. of Directors v. Iowa State Bd. of Pub. Instruction, 106 N.W.2d 670 (Iowa 1960). · cites it 22× “5, then brought the controversy to the state department of public instruction as provided by section 275.16, Code, 1958. Following a hearing before the state superintendent of public instruction and two assistants the state board dismissed the petition.”

Everding v. Bd. of Educ., 76 N.W.2d 205 (Iowa 1956). · cites it 9× “The question presented is whether residents of an existing school district are authorized by statute to appeal from an order of joint boards of education of three counties, under section 275.16, Code, 1954, determining and fixing the boundaries of a community school district,…”

Turnis v. Bd. of Educ. of Jones Cnty., 109 N.W.2d 198 (Iowa 1961). · cites it 6× “We also find no merit in appellants’ contention in Brief Point B that the State Department of Public Instruction is not a lawful authority to determine controversies arising under section 275.16 of the 1958 Code of Iowa. This section provides in part: “* * * In case a…”

Archer v. Bd. of Educ., 104 N.W.2d 621 (Iowa 1960). · cites it 4× “It acted and while its action may have been erroneous which could be corrected on appeal, as is provided for in section 275.16, we find no illegality such as to sustain a writ of certiorari.”

Bd. of Educ. v. Bd. of Educ., 95 N.W.2d 709 (Iowa 1959). · cites it 4× “The above section and section 275.16, Code of Iowa, 1958, are decisive of this case, the latter section being: “Hearing when territory in different counties.”

Eden Twp. Sch. Dist. v. Carroll Cnty. Bd. of Educ., 181 N.W.2d 158 (Iowa 1970). · cites it 4× “Board of Education, supra, the definition of an “aggrieved party” related to reorganization under section 275.16, here attachments under 275.”

Brighton Indep. Sch. Dist. v. Cnty. Boards of Educ., 108 N.W.2d 510 (Iowa 1961). · cites it 26× “The matter was taken to the State Department of Public Instruction, under section 275.16, Code 1958, as amended. This department, after a hearing, ruled as a matter of fact the petition had been dismissed by the joint boards, affirmed the decision of the joint boards and…”

Carmichael v. Iowa State High. Comm'n, 156 N.W.2d 332 (Iowa 1968). · cites it 2× “Section 275.16 provides in part: “* * * The court on appeal shall have the same authority as is granted in this section to the state department of public instruction.”

Bd. of Directors of Pleasant Hill Indep. Sch. Dist. v. Bd. of Educ., 109 N.W.2d 218 (Iowa 1961). · cites it 5× “See Code sections 275.16 and 275.8. The hearing there resulted in the approval of the order of the joint county boards.”

Appeal of Bd. of Directors of Grimes Ind. Sch. Dist., 131 N.W.2d 802 (Iowa 1964). · cites it 4× “Section 275.16, in part, provides: “In case a controversy arises from such meeting [joint meeting of the county boards], the county board or boards or any school district aggrieved may bring the controversy to the state department of public instruction, * * *.”

Hubka v. Cnty. Bd. of Educ. of Mitchell Co., 102 N.W.2d 167 (Iowa 1960). · cites it 10× “As provided by Section 275.16, the proposed organization embracing territory in Howard and Mitchell Counties, the County Boards of Education of said counties met as a single board on March 31, 1958, and approved the organization as petitioned for, subject to minor changes not…”

State Ex Rel. Schilling v. Cmty. Sch. Dist., 106 N.W.2d 80 (Iowa 1960). · cites it 2× “Section 275.16 applies only when the territory is in more than one county, which is not the case here, and section 275.”

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