§ 195-A:3 — Procedure

New Hampshire § 195-A:3

• Jurisdiction: New Hampshire
• Title XV: EDUCATION
• Ch. 195-A: AUTHORIZED REGIONAL ENROLLMENT AREA (AREA) SCHOOLS

Text

I. Any town, city or special school district pursuant to an article in the warrant for any annual or special meeting may vote to create an area school planning committee consisting of 3 qualified voters of whom at least one shall be a member of the school board. The members of the committee shall be elected at the meeting at which the committee is created, unless the district determines that they shall be appointed by the moderator. The members of the committee shall serve without pay for a term ending (a) at the third annual meeting of the district following the creation of the committee, if the committee is created at an annual meeting, or (b) at the first annual meeting of the district next following the expiration of 3 years from the date of the creation of the committee, if the committee is created at a special meeting, or (c) upon issuance by the state board of its certificate that a plan for an area school has been adopted in which the district is a participant. If the term of the committee ends at an annual meeting of the district, the district may create a successor area school planning committee pursuant to the foregoing provisions. Vacancies on the committee shall be filled by the moderator for the balance of the unexpired term. The district may appropriate money to meet the expenses of the committee at the meeting at which it is created or at any subsequent district meeting, notwithstanding the provisions of RSA 32 or RSA 197:3; and such expenses may include the cost of publication and distribution of reports. Area school planning committees from any 2 or more school districts may join together to form an area school planning board, which shall organize by the election of a chairman and a clerk-treasurer. The planning board may thereafter admit to membership planning committees from other school districts, but the members of a planning committee shall not be members of more than one planning board at any one time; provided, however, that a planning board so created may also study the advisability of forming a cooperative school district, if eligible therefor. An area school planning board shall act by a majority vote of its total membership.
II. In cities which operate a dependent school department, the power to create and appoint such an area school planning committee of 3, whose members shall serve for a term of 3 years from date of appointment, is vested in the school board; but the expenses of such planning committee, as defined in paragraph I, shall be raised and appropriated by the legislative body of such city upon certification by the school board. Vacancies on the committee shall be filled by the school board for the balance of the unexpired term, and the school board may create and appoint a successor area school planning committee pursuant to the foregoing provisions.
III. In cities in which there is a separately incorporated school district but where district meetings have been abolished, the power to create and appoint such an area school planning committee of 3, whose members shall serve for a term of 3 years from date of appointment, is vested in the school board who shall also have the power to raise and appropriate money for the expenses of such committee as defined in paragraph I. Vacancies on the committee shall be filled by the school board for the balance of the unexpired term, and the school board may create and appoint a successor area school planning committee pursuant to the foregoing provisions.
IV. It shall be the duty of the area school planning board to study the advisability of adopting an area school plan within the region in accordance with the standards set forth in RSA 195-A:2 and the advisability of establishing or constructing, maintaining and operating an area school or schools to serve the needs of such region; to estimate the construction and operating costs thereof; to estimate the tuition costs; to investigate the methods of financing such area school or schools, and any other matters pertaining to the organization and operation of an area school; and to submit a report or reports of its findings and recommendations to the several school districts.
V. An area school planning board may recommend that there be established an authorized regional enrollment area plan for elementary or secondary schools, or both, or any other reasonable combination of grades, composed of all the school districts represented by its membership or any specified combination thereof. At the time such recommendation is made, the planning board shall prepare a written plan for the proposed regional enrollment area, which shall be signed by at least a majority of the membership of such board, which shall set forth the following:
(a) The name or names of each area school or schools proposed, and the receiving district in which such schools shall be located;
(b) The sending districts or portions thereof which, together with the receiving district, shall form the region which each area school or schools shall serve;
(c) The grades for which each area school or schools shall be responsible (which may include a combination of elementary and secondary grades or any other reasonable classification);
(d) The formula for calculation of tuition;
(e) The manner in which any form of state aid shall be credited, unless otherwise expressly provided by law;
(f) The existing school buildings in the several school districts which shall be discontinued;
(g) The existing school buildings in the receiving district which shall be designated as an area school or schools including any existing buildings to be initially enlarged;
(h) The proposed new area school building or buildings to be initially constructed in the receiving district and the initial location of same;
(i) The estimated initial enrollment in each area school from each of the sending districts and from the receiving district;
(j) The proposed date or dates of operating responsibility of each planned area school, which date may be subsequently postponed by the state board upon petition of a receiving or sending district, in the event of unforeseen circumstances or for good cause shown;
(k) The scheduled date or dates during each year upon which tuition payments shall be made by the sending districts to the receiving districts and whether the tuition shall be payable in installments, or in a lump sum;
(l) Procedure for improvement or changes in curriculum and other school programs and services;
(m) The method, time, and manner in which the plan may be amended, subject to state board approval, where not incompatible with law;
(n) The term of the agreement, which shall be for a minimum of 10 years unless otherwise provided by mutual agreement of the school districts consistent with the provisions of RSA 195-A:3, XI;
(o) The manner in which the interests of the school boards of the sending districts will be addressed;
(p) Whether the districts within the area plan shall adopt the provisions of RSA 194-B, and how the adoption of such provisions will affect the districts within the area plan;
(q) Any other matters, not incompatible with law, which the area school planning board may consider appropriate to include in such written plan.
VI. Before finally agreeing upon a proposed regional plan, the area school planning board shall hold at least one public hearing thereon in each district within the proposed region and shall give such notice thereof as it shall determine to be reasonable. An executed copy of the proposed plan shall be submitted by such planning board to the state board, and when the state board finds that such plan is in accord with the provisions of RSA 195-A:2 and of paragraph V of this section and is otherwise lawful and feasible, it shall approve the same and cause it to be submitted to the school boards of the several school districts included in the plan for acceptance by these school districts as provided in paragraph VII. The planning board may amend a proposed regional plan to conform to recommendations of the state board without holding further public hearings thereon.
VII. Upon receipt of written notice of the state board's approval of such plan, the school board of each town or special school district and of each incorporated school district within a city, which is included in the plan, shall cause such plan to be filed with the district clerk and to be 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 duty to call such meeting for such purpose may be enforced by the superior court in an equity proceeding commenced by any voter or taxpayer of such school district. The article in the warrant for such 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-A (as amended) providing for the establishment of an area school or schools located in __________ to serve the following grades __________ from the school districts of __________ and __________ and __________ , etc. in accordance with the provisions of the plan on file with the district clerk?"
Yes square
No square
VIII. In the case of cities with dependent school departments, the school board shall submit such plan, as approved by the state board, to the city clerk who shall communicate it to the legislative body of such city, and it shall be the duty of such legislative body, as soon as may be reasonably possible, to act upon the question set forth in paragraph VII with such nominal modification in the question as may be necessary, voting by roll call. In the case of any separately incorporated school district within a city in which district meetings have been abolished, the school board shall have power to adopt such plan for the district, voting by roll call on the question set forth in paragraph VII.
IX. If a majority of the voters present and voting in such school district meeting, including the legislative body of a city with a dependent school department and the school board of a city school district which has abolished district meetings, shall vote in the affirmative, the clerk of each school 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 or resolution adopted, as may be applicable to his district. If the state board finds that the plan has been thus adopted by each of the school districts named in the plan, it shall issue its certificate to that effect, which shall be conclusive evidence of the lawful adoption of the plan.
X. If any school district fails to vote in the affirmative on the proposed plan within 90 days after its school board receives notice of approval thereof by the state board, such district shall be deemed to have rejected the same. If the proposed plan fails of adoption by one or more of such school districts as herein required, it may be resubmitted to all or a different combination of such school districts either in its original form or as amended by the area school planning board, with the approval of the state board, and shall in such case be again acted upon by each school district as provided herein, but no further public hearing need be held by the planning board prior to such resubmission.
XI. An area plan adopted by the voters of the sending and receiving districts shall be valid for a minimum of 10 years unless otherwise provided by mutual agreement of the school districts. The area plan may be renegotiated at the request of a sending or receiving district or extended for additional 10-year periods upon a mutual vote of each sending and receiving school district legislative body 2 years prior to the expiration of the area plan.

Legislative History

1963, 277:1. 1965, 112:3, 4; 311:2, 3. 1969, 104:8. 1998, 271:3. 1999, 15:1; 119:1. 2000, 106:2, eff. July 7, 2000. 2009, 241:13, eff. Sept. 14, 2009.