Revision: Dec. 14, 2015, midnight
\t \t\tHB 1303 - AS INTRODUCED
2016 SESSION
\t16-2329
\t04/03
HOUSE BILL\t1303
AN ACT\trelative to withdrawal from a cooperative school district.
SPONSORS:\tRep. Weyler, Rock. 13; Rep. Devine, Rock. 4; Rep. True, Rock. 4; Sen. Avard, Dist 12; Sen. Birdsell, Dist 19
COMMITTEE:\tEducation
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ANALYSIS
\tThis bill amends the procedures for withdrawal from a cooperative school district.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2329
\t04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to withdrawal from a cooperative school district.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Cooperative School Districts; Procedure for Withdrawal. Amend RSA 195:25 to read as follows:
\t195:25 Procedure for Withdrawal. After the tenth anniversary of the date of operating responsibility, the school board of a cooperative school district may undertake a study of the feasibility and suitability of the withdrawal of one or more member districts from the cooperative district. A similar study shall be undertaken if, after the tenth anniversary of the date of operating responsibility, a pre-existing district shall, by a majority vote on a warrant article at a regular or special town meeting, direct the school board to conduct such a study. The study shall be conducted by a committee composed of at least one member of the school board from each of the preexisting districts, one member of the board of selectmen from each town, and such other members as may be appointed by the committee. Within 180 days after the date of its formation, the committee shall report its findings to the state board of education. The committee shall submit to the state board of education either a report that withdrawal is not feasible or suitable, or a report that includes a withdrawal plan prepared in accordance with RSA 195:26. [If the committee determines that withdrawal is not feasible or suitable,] The town which voted to undertake the study may submit a minority report [at the same time as the committee report is filed] with the state board of education. [If the committee report does not include a withdrawal plan,] The minority report shall be filed within 180 days after the date of formation of the school board committee, unless the school board fails to form a committee pursuant to this section, in which case the minority report shall be filed within 180 days after the date of formation of the town committee. The minority report may include a withdrawal plan prepared in accordance RSA 195:26. If the state board approves a withdrawal plan, whether submitted by the committee or by minority report, the plan shall be submitted to the voters of the cooperative school district in accordance with RSA 195:29.
\t2 Cooperative School DIstricts; Disposition of Property. Amend RSA 195:28 to read as follows:
\t195:28 Disposition of Property. If a preexisting school district withdraws from the cooperative school district, the cooperative school district shall transfer and convey title to any school building and land located in the withdrawing district to the withdrawing district upon payment by the withdrawing district of the costs of capital improvements and additions to said school building incurred by the cooperative school district, less [the share] all capital contributions which the withdrawing school district has already paid [toward such costs] to the cooperative school district and the share which the withdrawing school district is required to contribute toward such costs as provided in RSA 195:27. The amount of said capital improvements and additions, the amount of the shortfall in capital contributions if any, and the time of transfer of title shall be determined by the agreement for withdrawal between the cooperative school district and the withdrawing school district. Upon transfer of title to the buildings and land located in the withdrawing district, the withdrawing school district forfeits its equity in all other cooperative school district facilities.
\t3 Cooperative School Districts; Vote on Withdrawal. Amend RSA 195:29 to read as follows:
\t195:29 Vote on Withdrawal. If the state board approves the plan for withdrawal, the board shall cause the withdrawal plan to be published once in some newspaper generally circulated within the cooperative school district. Upon receipt of a written notice of the board's approval of the withdrawal agreement, the school board of the cooperative district shall cause the withdrawal plan to be filed with the clerk of the cooperative school district and submitted to the voters of the district as soon as may reasonably be possible at an annual or special meeting called for the purpose, the voting to be by ballot with the use of the checklist, after reasonable opportunity for debate in open meeting. The article in the warrant for the district meeting and the question on the ballot to be used at the meeting shall be in substantially the following form:
"Shall the school district accept the provisions of RSA 195 (as amended) providing for the withdrawal of the preexisting district of __________ from the __________ cooperative school district in accordance with the provisions of the proposed withdrawal plan filed with the school district clerk?''
Yes _________ No _________
If a majority of the voters present and voting in both the cooperative district and in the preexisting district shall vote in the affirmative, the clerk of the cooperative school district shall forthwith send to the state board of education a certified copy of the warrant, certificate of posting, evidence of publication, and minutes of the meeting. If the board finds that a majority of the voters present and voting in both the cooperative district and the preexisting district have voted in favor of the withdrawal plan, it shall issue its certificate to that effect and such certificate shall be conclusive evidence of the withdrawal of the preexisting district and the continuation of the cooperative school district as of the date of its issuance, or the dissolution of a 2-district cooperative if the cooperative was formed by 2 preexisting districts, provided, however, that a withdrawal plan shall be prepared for a 2-district cooperative and it shall provide for the disposition of property held within the cooperative and a statement of assumption of liabilities. If a majority of voters present and voting in the cooperative district reject the plan, the withdrawing district shall have the right to appeal such vote to the state board of education. The state board shall upon receipt of such appeal investigate and report back to the district on its findings and recommendations; and this report may require that there will be another special meeting for a vote of reconsideration.
\t4 Effective Date. This act shall take effect 60 days after its passage.