Bill Text - HB122 (2018)

Relative to withdrawal from a cooperative school district.


Revision: Jan. 30, 2017, 3:42 p.m.

HB 122 - AS INTRODUCED

 

 

2017 SESSION

17-0037

04/03

 

HOUSE BILL 122

 

AN ACT relative to withdrawal from a cooperative school district.

 

SPONSORS: Rep. J. Belanger, Hills. 27; Rep. Gauthier, Sull. 3

 

COMMITTEE: Education

 

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ANALYSIS

 

This bill amends the procedure for withdrawal from a cooperative school district.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0037

04/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to withdrawal from a cooperative school district.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Cooperative School Districts; Procedure for Withdrawals.  Amend RSA 195:25 to read as follows:

195:25  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 preexisting 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 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] preexisting district seeking withdrawal in accordance with RSA 195:29.  

2  Cooperative School Districts; Vote on Withdrawal.  Amend RSA 195:29 to read as follows:

195:29  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] preexisting district seeking withdrawal.  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 preexisting 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 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 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 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.

3  Effective Date.  This act shall take effect 60 days after its passage.

HB 122 - AS INTRODUCED

 

 

2017 SESSION

17-0037

04/03

 

HOUSE BILL 122

 

AN ACT relative to withdrawal from a cooperative school district.

 

SPONSORS: Rep. J. Belanger, Hills. 27; Rep. Gauthier, Sull. 3

 

COMMITTEE: Education

 

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ANALYSIS

 

This bill amends the procedure for withdrawal from a cooperative school district.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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.

17-0037

04/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to withdrawal from a cooperative school district.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Cooperative School Districts; Procedure for Withdrawals.  Amend RSA 195:25 to read as follows:

195:25  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 preexisting 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 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] preexisting district seeking withdrawal in accordance with RSA 195:29.  

2  Cooperative School Districts; Vote on Withdrawal.  Amend RSA 195:29 to read as follows:

195:29  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] preexisting district seeking withdrawal.  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 preexisting 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 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 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 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.

3  Effective Date.  This act shall take effect 60 days after its passage.