§ 195:16 — Enlargement of Territory

New Hampshire § 195:16

• Jurisdiction: New Hampshire
• Title XV: EDUCATION
• Ch. 195: COOPERATIVE SCHOOL DISTRICTS

Text

A cooperative school district organized prior to July 1, 1963 may be enlarged in the following manner:
I. The school board of any school district situated in proximity to an existing cooperative school district may petition the cooperative school board to meet with it to study jointly the advisability and the terms of enlarging the cooperative school district to include such district. It shall thereupon be the duty of the cooperative school board to meet with the other school board as requested and engage in such joint study. After such joint study the 2 school boards may recommend that the cooperative school district be so enlarged, and if they so recommend, they shall submit proposed articles of agreement in writing signed by a majority of each board setting forth in detail:
(a) The date of operating responsibility, when the cooperative district shall assume control of operation of schools within the joining school district, upon which date the joining school district shall cease to exist;
(b) The number, composition, method of selection and terms of office of its cooperative school board, all in accordance with the provisions of RSA 195:19 through 23 inclusive, provided that its cooperative school board shall consist of an odd number of members not more than 15 for terms not exceeding 3 years;
(c) The specific school properties and other assets in the district to be acquired by the cooperative school district and the disposition of those not acquired including the records;
(d) The initial location of the school or schools which will serve the joining school district;
(e) The indebtedness of the joining school district which the cooperative school district is to assume;
(f) The method of apportioning the capital outlay costs and operational costs under RSA 195:7 or under the articles of agreement of the cooperative school district, which method may be different from the formula previously adopted by the cooperative school district notwithstanding the provisions of RSA 195:8 or its articles of agreement;
(g) The manner in which state aid referred to in RSA 195:15 or any other available state aid shall be allocated, unless otherwise expressly provided by law;
(h) Provisions similar to those outlined in RSA 195:18, IV, if desirable; and
(i) Any other matters, not incompatible with law, which the 2 school boards may consider appropriate to include in the agreement.
II. An executed copy of such proposed articles of agreement shall be submitted to the board; and if it finds that the proposed enlargement would be in accord with the standards set forth in RSA 195:2 and approves the agreement, it shall cause the agreement to be submitted to the cooperative school district and to the joining school district for acceptance by each.
III. The cooperative school board and the school board of the joining school district, upon receipt of written notice of such approval by the board, shall cause the agreement to be filed with their respective district clerks and submitted to the voters of their respective districts as soon as may reasonably be possible at duly called meetings, 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 and the question on the ballot shall be in substantially the following form:
"Shall the proposed agreement on file with the district clerk, joining __________ school district to __________ cooperative school district be approved?"
Yes _________
No _________
If a majority of the voters present and voting at such meetings in each district shall vote in the affirmative, the clerk of each district shall forthwith send to the board a certified copy of the warrant, certificate of posting, evidence of publication, if required, and minutes of meeting. If the board finds that a majority of the voters present and voting in each district meeting have voted in favor of the enlargement, it shall issue its certificate to that effect, and such certificate shall be conclusive evidence of the lawful enlargement of the cooperative school district. Articles of agreement so adopted shall be deemed to amend the inconsistent provisions in any pre-existing articles of agreement of the cooperative school district.
III-a. Within 60 days after the board has issued its certificate of the lawful enlargement of the cooperative school district, the board shall fix a time and place for a special meeting of the qualified voters within the districts, and shall prepare the warrant for the meeting after consultation with school boards of the pre-existing school district and cooperative school district. The warrant shall include articles for the selection of such school board members as may be necessary as a result of the enlargement and other items of business that require action under the terms of the articles of agreement. The warrant shall be under the hand of the commissioner, in the name of the board, and the commissioner shall cause attested copies of same to be posted at least 14 days before the meeting in 3 public places in each district and a copy of the same to be published at least one week before the date of the meeting in some newspaper generally circulated within the cooperative school district. The expense of posting and publishing the warrant shall be paid by the state. The agent or agents of the commissioner who post and cause publication of the warrant shall make a return thereof, which, with the warrant, shall be made a part of the district records. The meeting shall be called to order by the moderator of the cooperative school district. This meeting shall have the same power and authority as an annual meeting with reference to the raising or appropriating of money. At this meeting and at all future special and annual meetings, qualified voters of the joining district are eligible for participation in all matters of the cooperative school district.
IV. Except for operating responsibility with respect to the schools in the joining district, which authority shall commence on the date specified in the articles of agreement, the cooperative school district and its school board shall have full powers and duties in the enlarged district from the date of the certificate of enlargement.
V. The failure of the voters to approve the acquisition of a school district shall not prevent the commencement of enlargement proceedings under this section with respect to such district thereafter.

Legislative History

1951, 213:1, par. 16. RSA 195:16. 1963, 258:12. 1969, 70:1. 1971, 252:4, 5. 1996, 158:9, eff. July 1, 1996.