Section 194-C:2 Procedure; Plans for Organization or Withdrawal.
I. Any school district pursuant to an article in the warrant for any annual or special meeting may vote to create a planning committee in the following manner:
(a) The question shall be placed on the warrant of a special or annual school district meeting, which body shall have final authority to adopt the provision to create a planning committee.
(b)(1) In districts without annual meetings, the legislative body of the school district shall consider and act upon the question in accordance with their current procedures. To the extent and if permitted by local ordinance, upon submission to the legislative body within 60 days of the legislative body's vote of a petition signed by 100 or by 2 percent, whichever is less, of the registered voters, the legislative body shall place the question on the official ballot for any regular election otherwise in accordance with their current procedures for passage of referenda.
(2) The school district legislative body shall hold a public hearing on the question at least 15 days but not more than 30 days before the question is to be voted on. Notice of the hearing shall be posted in at least 2 public places in the municipality and published in a newspaper of general circulation at least 7 days before the hearing.
(3) In the event that the referendum is nonbinding, the question shall be returned for reconsideration to the legislative body which shall have final authority to adopt the provision to create a planning committee.
(4) In the event that the referendum is binding, the public vote shall be the final and binding authority to adopt the provision to create a planning committee.
II. (a) The planning committee shall consist of the following members:
(1) Two local school board members, appointed by the local school board.
(2) One member of the financial committee having the statutory authority to make recommendations concerning school budgets, appointed by the financial committee. In communities with no such financial committee, the number of public members under subparagraph (a)(3) shall be increased to 5.
(3) Four public members representing the community at large, appointed by the school district moderator or, for districts without an annual meeting, the legislative body of the school district.
(4) The superintendent, who shall be a nonvoting member of the committee.
(b) The members of the committee shall serve without pay for a term ending:
(1) At the annual meeting of the district next following the creation of the committee, if the committee is created at an annual meeting; or
(2) One year from the date of appointment, if the committee is created at a special meeting.
(3) One year from the date of appointment, if appointed in districts without annual meetings.
(c) Vacancies on the committee shall be filled by the appropriate appointing authority for the balance of the unexpired term.
(d) 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.
(e) A planning committee shall act by a majority vote of its total membership.
III. The planning committee shall:
(a) Study the advisability of establishing a school administrative unit in accordance with this chapter, its organization, operation and control, and the advisability of constructing, maintaining and operating a school or schools to serve the needs of such school administrative unit.
(b) Estimate the construction and operating costs of operating such school or schools.
(c) Investigate the methods of financing such school or schools, and any other matters pertaining to the organization and operation of a school administrative unit.
(d) Prepare an educational and fiscal analysis of the impact on all remaining districts and the disposition of school administrative assets.
(e) Submit a report or reports of its findings and recommendations to the several school districts within the existing school administrative unit.
IV. (a) If planning committee recommends the organization, reorganization, or withdrawal from a school administrative unit, it shall prepare a plan for providing superintendent services for the proposed school administrative unit which meets the requirements set forth in RSA 194-C:4 and is signed by at least a majority of the membership of the planning committee.
(b)(1) If the planning committee choses not to recommend organization, reorganization, or withdrawal from a school administrative unit, that recommendation shall be submitted to the voters of the school district at the next annual school district meeting.
(2) If a majority of voters present and voting vote in the affirmative, the recommendation shall be accepted.
(3) If a majority of voters present and voting reject the recommendation, the vote shall represent a vote to create a new planning committee in accordance with RSA 194-C:2, II and that planning committee shall prepare a plan for organization, reorganization, or withdrawal from a school administrative unit which meets the requirements of RSA 194-C:2.
(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, the school district shall not offer another warrant article seeking to create a planning committee for a period of 2 years after the date of the final vote by the district.
V. (a) The planning committee may submit a plan for joining an existing school administrative unit to the school administrative unit board for approval. If approved, the plan shall be submitted to the state board and the school district voters in accordance with RSA 194-C:2, VI and VII.
(b) Before final approval of a plan by the planning committee, it shall hold at least one public hearing on the plan within the proposed school administrative unit and shall give such public notice of the hearing as it determines to be reasonable.
VI. In accordance with RSA 194-C:2, III(e) and V(b), the planning committee shall submit a copy of the proposed plan to the several school districts within the existing school administrative unit and shall hold at least one public hearing no less than 14 days prior to submission to the state board. Within 60 days, the state board of education shall review the proposed plan for administrative structure to determine whether or not the proposed plan contains the services described in RSA 194-C:4. Each plan shall also include an educational and fiscal analysis of the impact on all remaining districts and the disposition of school administrative unit assets. If, in the opinion of the state board, all services have been properly addressed, the state board shall recommend for or against its adoption. If, in the opinion of the state board, all services have not been properly addressed, the deficiencies shall be noted and the plan shall be promptly returned for revision. When the plan is resubmitted, the state board of education shall promptly return the plan and make a recommendation for or against its adoption. This recommendation shall be reported to the legislative body of the district. The state board shall not have veto power over any plan once it is resubmitted to the state board by the planning committee.
VII. (a) The state board shall submit the organization or reorganization plan to the school boards of the districts for acceptance by the districts as provided in subparagraph (b). Upon such submission, the state board shall cause the approved plan to be published once at the expense of the state in some newspaper generally circulated within the proposed school administrative unit.
(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 of the votes cast on the question in each district shall vote 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 majority of the votes cast in each district meeting have voted 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.
VIII. (a) The state board shall submit the plan for district withdrawal from a school administrative unit to the school board of the withdrawing district for acceptance by the district as provided in subparagraph (b). Upon such submission, the state board shall cause the approved plan to be published once at the expense of the state in some newspaper generally circulated within the district which proposes to withdraw from a school administrative unit.
(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 of the votes cast on the question in the withdrawing district shall vote 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 of the votes cast in that district meeting have voted 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.
Source. 1996, 298:3. 1997, 245:1-3. 1999, 287:1, 3, eff. Sept. 14, 1999.