1.Petition.
Beginning January 1, 2012, the residents of a municipality that has been a member of a regional school unit for at least 30 months may petition to withdraw from the regional school unit in accordance with this subsection.
2.Form.
Except as provided in subsection 2‑A, the article to be voted upon must be in substantially the following form:"Article: Do you favor filing a petition for withdrawal with the board of directors of regional school unit (name of regional school unit) and with the Commissioner of Education, authorizing the withdrawal committee to expend $ (insert amount) and authorizing the (municipal officers; i.e., selectpersons, town council, etc.) to issue notes in the name of the (name of the municipality) or otherwise pledge the credit of the (name of the municip
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1.
Petition.
Beginning January 1, 2012, the residents of a municipality that has been a member of a regional school unit for at least 30 months may petition to withdraw from the regional school unit in accordance with this subsection.
2.
Form.
Except as provided in subsection 2‑A, the article to be voted upon must be in substantially the following form:"Article: Do you favor filing a petition for withdrawal with the board of directors of regional school unit (name of regional school unit) and with the Commissioner of Education, authorizing the withdrawal committee to expend $ (insert amount) and authorizing the (municipal officers; i.e., selectpersons, town council, etc.) to issue notes in the name of the (name of the municipality) or otherwise pledge the credit of the (name of the municipality) in an amount not to exceed $ (insert amount) for this purpose?Yes No"
2-A.
Form for withdrawal for a regional school unit composed of a single municipality.
If the regional school unit is composed of a single municipality, the article to be voted upon must be in substantially the following form:"Article: Do you favor filing a petition for withdrawal from and dissolution of regional school unit (name of regional school unit) with the board of directors of regional school unit (name of regional school unit) and with the Commissioner of Education, authorizing the withdrawal committee to expend $ (insert amount) and authorizing the (municipal officers; i.e., selectpersons, town council, etc.) to issue notes in the name of the (name of the municipality) or otherwise pledge the credit of the (name of the municipality) in an amount not to exceed $ (insert amount) for this purpose?Yes No"
3.
Notice of vote.
If residents of the municipality vote favorably on a petition for withdrawal, the clerk shall immediately give written notice, by registered mail, to the secretary of the regional school unit and the commissioner that must include:
4.
Agreement for withdrawal; notice; changes in agreement; final agreement.
The agreement for withdrawal must comply with this subsection.
5.
Date of municipal election; notice; warrant; polling hours.
The date and time for voting is as set forth in this subsection.
6.
Public hearing; voting procedures.
The following requirements apply to the voting procedures.
7.
Article.
Except as provided in subsection 7‑A, the article to be voted on must be in the following form."Article: Do you favor the withdrawal of the (name of municipality) from the regional school unit (name of regional school unit) subject to the terms and conditions of the withdrawal agreement dated (insert date)?Yes No"
7-A.
Article for a regional school unit composed of a single municipality.
If the regional school unit is composed of a single municipality, the article to be voted upon must be in substantially the following form:"Article: Do you favor the withdrawal of the (name of municipality) from the regional school unit (name of regional school unit) and the dissolution of the regional school unit (name of regional school unit) subject to the terms and conditions of the withdrawal agreement dated (insert date)?Yes No"
8.
Ballots; posting of agreement.
The withdrawal agreement need not be printed on the ballot. Copies of the agreement must be posted in the municipality in the same manner as specimen ballots are posted under Title 30‑A, section 2528.
9.
Required vote.
Before the municipality may withdraw from the regional school unit, the withdrawal agreement must be approved by a majority vote of those casting valid votes in the municipality, and the total number of votes cast for and against withdrawal at the municipal vote must equal or exceed 50% of the total number of votes cast in the municipality for Governor at the last gubernatorial election.
9-A.
Required vote; exception for a municipality of a school administrative district that was reformulated as a regional school unit.
A 2/3 vote of those casting valid votes in the municipality is required before a municipality that is a member municipality of a school administrative district that was reformulated as a regional school unit pursuant to Public Law 2007, chapter 240, Part XXXX, section 36, subsection 12, as amended by Public Law 2007, chapter 668, section 48, may withdraw from the regional school unit.
9-B.
Required vote.
10.
Restriction on withdrawal petitions.
A municipality within a regional school unit may not petition for withdrawal within 2 years after the date of:
10-A.
Restriction on withdrawal petitions for a municipality of a school administrative district that was reformulated as a regional school unit.
A municipality that is part of a school administrative district that was reformulated as a regional school unit pursuant to Public Law 2007, chapter 240, Part XXXX, section 36, subsection 12, as amended by Public Law 2007, chapter 668, section 48, may not petition for withdrawal within 2 years after the date of:
11.
Cost of advisors.
The expense of employing competent advisors by the municipality petitioning to withdraw must be borne by the municipality, and the expense of employing competent advisors by the regional school unit must be borne by the regional school unit with the municipality bearing its share according to the regional school unit's cost-sharing agreement.
12.
Determination of vote.
The town clerk or city clerk shall, within 24 hours of determination of the result of the vote in the municipality, certify the total number of votes cast in the affirmative and the total number of votes cast in the negative on the article to the commissioner.
13.
Determination of results; execution of agreement.
Except for a school administrative district that was reformulated as a regional school unit pursuant to Public Law 2007, chapter 240, Part XXXX, section 36, subsection 12, as amended by Public Law 2007, chapter 668, section 48, if the commissioner finds that a majority of the voters voting on the article has voted in the affirmative and the total number of votes cast for and against the article equal or exceed 50% of the total number of votes cast in the municipality for Governor at the last gubernatorial election, the commissioner shall notify the municipal officers and the regional school unit board to take steps for the withdrawal in accordance with the terms of the agreement for withdrawal. For a municipality that is part of a school administrative district that was reformulated as a regional school unit pursuant to Public Law 2007, chapter 240, Part XXXX, section 36, subsection 12, as amended by Public Law 2007, chapter 668, section 48, if the commissioner finds that at least 2/3 of the votes validly cast in the municipality are in the affirmative, the commissioner shall notify the municipal officers and the regional school unit board to take steps for the withdrawal in accordance with the terms of the agreement for withdrawal.
13-A.
Determination of results; execution of agreement; effective date.
14.
Recount; checklists and ballots; disputed ballots.
This subsection applies to recounts, checklists, ballots and disputed ballots.
15.
Execution of agreement; certified record; certificate of withdrawal.
When the agreement for withdrawal has been put into effect by the municipality, the municipal officers shall notify the commissioner by certified mail that the agreement of withdrawal has been executed. A complete certified record of the transaction involved in the withdrawal must be filed with the commissioner. The commissioner shall immediately issue a certificate of withdrawal to be sent by certified mail for filing with the regional school unit board and shall file a copy in the office of the Secretary of State.
16.
Indebtedness.
This subsection applies to outstanding indebtedness.
17.
General purpose aid.
When a municipality withdraws from a regional school unit, the general purpose aid for the municipality must be computed in accordance with chapter 606‑B.
18.
Committee recall.
If the commissioner determines that the withdrawal committee has failed to comply with the requirements of this section, the commissioner may authorize the municipal officers to appoint new representatives to the withdrawal committee.
19.
Transfer of property.
The regional school unit board may negotiate with the withdrawal committee regarding an equitable division of the regional school unit's property between the regional school unit and the municipality represented by the withdrawal committee and transfer title of the property to the municipality following withdrawal. The regional school unit board shall determine that the regional school unit's educational program will not be disrupted solely because of the transfer of any given property before it may complete the transfer.
20.
Reorganization; penalties.
21.
Dissolution.
Except as otherwise provided in this section, upon the withdrawal of a municipality from a regional school unit that is composed of a single municipality, the regional school unit is dissolved.