HB1285: relative to organization of or withdrawal from a school administrative unit.

HB 1285 – AS INTRODUCED

2008 SESSION

08-2178

04/09

HOUSE BILL 1285

AN ACT relative to organization of or withdrawal from a school administrative unit.

SPONSORS: Rep. Stiles, Rock 15; Rep. O'Neil, Hills 19; Rep. J. Day, Rock 13

COMMITTEE: Education

ANALYSIS

This bill changes the voting margin required to organize, reorganize, or withdraw from a school administrative unit.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

08-2178

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to organization of or 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, IV (b)(4) to read as follows:

(4) Any plan for organization, reorganization, or withdrawal from a school administrative unit shall be prepared in accordance with RSA 194-C:2, III, and shall be submitted to the state board pursuant to RSA 194-C:2, VI. The plan shall be submitted to the voters in accordance with RSA 194-C:2, VII or 194-C:2, VIII. If the voters fail to vote in the affirmative by [the 3/5 vote required] a majority vote, the school district shall not offer another warrant article seeking [to create a planning committee] organization, reorganization, or withdrawal from a school administrative unit for a period of [2 years] one year after the date of the final vote by the district.

2 School Administrative Units; Plans for Organization or Withdrawal. Amend RSA 194-C:2, VII(b) to read as follows:

(b) Upon the receipt of written notice of the state board's recommendation of the plan, the plan shall be submitted for approval by the school districts under the procedures outlined in paragraph I of this section. The question shall be in substantially the following form:

“Shall the school district accept the provisions of RSA 194-C providing for the (organization of) (reorganization of) a school administrative unit involving school districts of and _ etc., in accordance with the provisions of the proposed plan?”

Yes _ No _

If [3/5] a majority of the votes cast on the question in each district [shall vote] are in the affirmative, the clerk of each district shall forthwith send to the state board a certified copy of the warrant, certificate of posting, evidence of publication, if required, and minutes of the meeting in the district. If the state board finds that [3/5] a majority of the votes cast in each district meeting [have voted] are in favor of the establishment of the school administrative unit, it shall issue its certificate to that effect; and such certificate shall be conclusive evidence of the lawful organization and formation of the school administrative unit as of the date of its issuance.

3 School Administrative Units; Plans for Organization or Withdrawal. Amend RSA 194-C:2, VIII(b) to read as follows:

(b) Upon the receipt of written notice of the state board's recommendation of the plan, the plan shall be submitted for approval by the school district under the procedures outlined in paragraph I of this section. The question shall be in substantially the following form:

“Shall the school district accept the provisions of RSA 194-C providing for the withdrawal from a school administrative unit involving school districts of _ and etc., in accordance with the provisions of the proposed plan?”

Yes No

If [3/5] a majority of the votes cast on the question in the withdrawing district [shall vote] are in the affirmative, the clerk of that district shall forthwith send to the state board a certified copy of the warrant, certificate of posting, evidence of publication, if required, and minutes of the meeting in the district. If the state board finds that [3/5] a majority of the votes cast in that district meeting [have voted] are in favor of withdrawing from the school administrative unit, it shall issue its certificate to that effect; and such certificate shall be conclusive evidence of the lawful organization and formation of the new, single district school administrative unit as of the date of its issuance.

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