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Decision Number
237
Book
23
Month
September
Year
2005
In RE
Transportation Services
Appellant
Marsha Sears
Appellee
Ankeny Community School District
Full Text
Summary

The District, since its inception, has owned a fleet of vehicles to provide its own student transportation. On April 11, 2005, the local board negotiated a contract with Durham School Services to provide all student transportation services, commencing with the 2005-06 school year. Appellant expressed concern that the sale price included more than vehicles. The superintendent testified that the District maintains possession and control of all of its facilities, including the maintenance facility subject to its agreement with Durham.

The question of the adequacy of the public notice is one of first impression before the State Board of Education. Iowa Code section 297.22 appears to be to ensure that a local board has public input beore entering into an agreement whereby the district gives up (by lease in this case) part of its property in return for a fair market rental. The critical questions thus becomes whether another public hearing was required prior to the signing of the useage agreement. The District held four public meetings at which votes were taken. A reasonable person could conclude that a lease or useage agreement was the logical next step. The lease agreement provides the District with a superior level of oversight regarding Durham's provision of transportation services to District students.

That the decision of the Board of Directors of the Ankeny Community School District made on April 25, 2005, was affirmed.