Revision: Dec. 10, 2009, midnight
HB 615 – AS INTRODUCED
2009 SESSION
04/05
HOUSE BILL 615
AN ACT relative to withdrawal from a school administrative unit.
SPONSORS: Rep. Rous, Straf 7; Rep. Yeaton, Merr 8; Sen. Merrill, Dist 21
This bill amends the procedure for withdrawing from a school administrative unit by requiring the retention of a facilitator, the preparation of a report by a neutral third party, and participation in a neutrally-facilitated process. The bill also amends the procedure used by the state board of education in reviewing a withdrawal plan.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0299
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to withdrawal from a school administrative unit.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 School Administrative Units; Plans for Organization or Withdrawal. Amend RSA 194-C:2, I(a) to read as follows:
(a) The question shall be placed on the warrant of a special or annual school district meeting, which body shall have final authority to adopt the provision to create a planning committee. In cases where a school district seeks to withdraw from a school administrative unit, the question shall include authorization for the planning committee to retain a facilitator and to fund a report prepared by a neutral third party.
2 School Administrative Units; Plans for Organization or Withdrawal. Amend RSA 194-C:2, III to read as follows:
III. The planning committee shall:
(a) Study the advisability of establishing a school administrative unit in accordance with this chapter, its organization, operation and control, and the advisability of constructing, maintaining and operating a school or schools to serve the needs of such school administrative unit.
(b) Estimate the construction and operating costs of operating such school or schools.
(c) Investigate the methods of financing such school or schools, and any other matters pertaining to the organization and operation of a school administrative unit.
(d) Prepare an educational and fiscal analysis of the impact on all remaining districts and the disposition of school administrative assets.
(e) Submit a report or reports of its findings and recommendations to the several school districts within the existing school administrative unit.
(f) In cases where a school district seeks to withdraw from a school administrative unit, bring together representatives of all affected school districts to participate in a neutrally-facilitated process to discuss issues related to withdrawal and contract with a neutral third party to prepare a report which shall be overseen by the department of education. The neutral third party shall submit the complete report of its findings and recommendations to the planning committee, the school district seeking withdrawal, and to the remaining school districts within the existing school administrative unit.
3 School Administrative Units; Plans for Organization or Withdrawal. Amend RSA 194-C:2, VI to read as follows:
VI. In accordance with RSA 194-C:2, III(e) and (f), and V(b), the planning committee shall submit a copy of the proposed plan to the several school districts within the [existing] school administrative unit and shall hold at least one public hearing no less than 14 days prior to submission to the state board. Within 60 days, the state board of education shall review the proposed plan for administrative structure to determine whether or not the proposed plan contains the services described in RSA 194-C:4. Each plan shall also include an educational and fiscal analysis of the impact on all remaining districts and the disposition of school administrative unit assets. If, in the opinion of the state board, all services, costs, and methods of financing have been properly addressed[,] and, in the case of a school district seeking to withdraw from a school administrative unit, the educational and fiscal effects on the remaining school districts including the disposition of school administrative unit assets have been addressed, the state board shall recommend for or against its adoption. If, in the opinion of the state board, [all services] the aforementioned issues have not been properly addressed, the deficiencies shall be noted and the plan shall be promptly returned for revision. When the plan is resubmitted, the state board of education shall promptly return the plan and make a recommendation for or against its adoption which shall include a written explanation of how the revised plan corrects or is unable to correct any deficiencies noted. This recommendation and explanation shall be reported to the legislative body of the district. The state board shall not have veto power over any plan once it is resubmitted to the state board by the planning committee.
4 School Administrative Units; Plans for Organization or Withdrawal. Amend RSA 194-C:2, VII(a) to read as follows:
(a) The state board shall submit the organization or reorganization plan to the school boards of the districts for acceptance by the districts as provided in subparagraph (b). Upon such submission, the state board shall cause the complete approved plan to be published once at the expense of the state in some newspaper generally circulated within the proposed school administrative unit.
5 Effective Date. This act shall take effect upon its passage.