Revision: Nov. 13, 2017, 9:39 a.m.
HB 1598-LOCAL - AS INTRODUCED
2018 SESSION
18-2393
06/03
HOUSE BILL 1598-LOCAL
AN ACT relative to the vote to withdraw from a cooperative school district.
SPONSORS: Rep. Grenier, Sull. 7; Rep. Steven Smith, Sull. 11; Rep. Irwin, Sull. 6; Rep. Laware, Sull. 8; Rep. Weyler, Rock. 13; Rep. D. Wolf, Merr. 5; Rep. J. Belanger, Hills. 27; Rep. Gottling, Sull. 2; Sen. Ward, Dist 8; Sen. Reagan, Dist 17; Sen. Watters, Dist 4
COMMITTEE: Education
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ANALYSIS
This bill changes the process for withdrawal from a cooperative school district.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2393
06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to the vote to withdraw from a cooperative school district.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Withdrawal from a Cooperative School District; Vote on Withdrawal. RSA 195:29 is repealed and reenacted to read as follows:
195:29 Vote on Withdrawal.
I. 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 _________
The ballots of the voters from the withdrawing preexisting district shall be distinguishable from the ballots of voters from the other preexisting districts in the cooperative district. After the withdrawal vote of the entire cooperative district is counted, the ballots of only the voters of the withdrawing preexisting district shall be counted.
II. If a majority of voters present and voting in the withdrawing preexisting district vote against withdrawal, the withdrawal process is terminated.
III. If a majority of voters present and voting in the withdrawing preexisting district vote in favor of withdrawal, and the voters present and voting in the entire cooperative district vote in favor of withdrawal, the withdrawal process continues. 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.
IV. If a majority of voters present and voting in the withdrawing district vote in favor of withdrawal and the majority of the voters present and voting in the entire cooperative district vote against withdrawal, then the withdrawing district may appeal the cooperative district vote to the board of education. The board of education may still allow the withdrawal if the following conditions are met:
(a) All requirements of RSA 195:27 and RSA 195:28.
(b) All students in the withdrawing preexisting district and all students in the remaining preexisting districts of the cooperative district shall have guaranteed enrollment and other services for all students to ensure no diminished quality of education.
(c) The educational costs for students in the withdrawing preexisting district and students remaining in the cooperative district shall not create a fiscal or educational hardship for any of the preexisting districts.
V. If withdrawal is approved under paragraph II or III, the cooperative district will be dissolved if none of the preexisting districts intend to continue educating the children of that district utilizing cooperative property and land, provided that a withdrawal plan shall be prepared for termination of the cooperative and it shall provide for the disposition of property held within the cooperative and a statement of assumption of liabilities.
2 Effective Date. This act shall take effect 60 days after its passage.