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Miss Jessie M. Parker

Office of the Attorney GeneralApril 5, 1939

1939 WL 77115 (Iowa A.G.)
Office of the Attorney General
State of Iowa
*1 [No Docket Number]
*1 April 5, 1939
*1 SCHOOL DISTRICTS: ABANDONING SCHOOL BUILDINGS: The sale, lease or other disposition of any schoolhouse or site or other property belonging to the corporation must be by vote of the electors.
 
*1 Miss Jessie M. Parker
*1 Superintendent of Public Instruction
*1 Replying to your request for an opinion on the following:
*1 “Does the board of education of the Independent School District of Council Bluffs have authority to wreck and abandon school buildings without a vote of the people and pay for same from either the general or the schoolhouse fund?”
*1 We desire to call your attention to Section 4217, paragraph 2, of the 1935 Code of Iowa, which reads as follows:
*1 “The voters at the regular election shall have power to: * * *
*1 “Par. 2. Direct the sale, lease or other disposition of any schoolhouse or site or other property belonging to the corporation, and the application of the proceeds thereof.”
*1 The above quoted section plainly empowers the electors to direct the sale, lease or other disposition of any schoolhouse or site or other property belonging to the corporation, and compels us to arrive at no other conclusion than that the Independent School District of Council Bluffs is without authority to wreck and abandon the school building in controversy without a vote of the electors of that school district.
*1 John M. Rankin
*1 Attorney General
1939 WL 77115 (Iowa A.G.)
End of Document