HB 349  - AS INTRODUCED

 

 

2023 SESSION

23-0279

10/08

 

HOUSE BILL 349

 

AN ACT relative to a special purpose school district for Bridgewater, Hebron, and Groton.

 

SPONSORS: Rep. Ladd, Graf. 5; Rep. Cordelli, Carr. 7; Sen. Innis, Dist 7; Sen. Ward, Dist 8

 

COMMITTEE: Education

 

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ANALYSIS

 

This bill allows the establishment of a special purpose school district for the towns of Hebron, Bridgewater and Groton to form a new multi-town single school district.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-0279

10/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Three

 

AN ACT relative to a special purpose school district for Bridgewater, Hebron, and Groton.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1 Establishment of Special Purpose School District.

I.  Having established by law in 1997 a special purpose village district to construct, own and maintain a public school facility; and having already built and owned outright with no debt the Bridgewater-Hebron Village School (K-5) whose maintenance and capital costs are paid for by the towns of Bridgewater and Hebron and overseen by 3 elected commissioners; and notwithstanding any other provision of law to the contrary, the towns of Bridgewater, Hebron, and Groton are hereby authorized to withdraw from the Newfound Area School District and establish a public school district comprised of the geographical limits of the aforementioned 3 towns.  Subsequent to formation, the school district shall operate in accordance with the provisions contained in RSA 194 and except as modified herein, the laws pertaining to operating a newly formed cooperative school district as set forth in RSA 195 and operating school administrative units as set forth in RSA 194-C. The new district shall be named the Bridgewater-Hebron-Groton Special Purpose School District, or such other name as is subsequently approved by the elected school board of the district.  The creation of this new public school district shall be contingent upon a majority vote in each of the 3 towns at their 2023 annual meeting, or such other annual meeting as is determined by the 3 towns under this act, adopting the provisions of this act; whereupon the effective operational date of this district shall be the first of July of the fiscal year subsequent to the adoption vote unless the annual meeting specifies a later fiscal year to be the effective operational date.

II.  The state board of education shall issue a certificate of withdrawal from the Newfound Area School District after the initial vote by the towns to adopt the provisions of this act.  A special meeting of the voters in the withdrawing district for the election of board members and officers shall be held at a time set by the state board of education after consultation with the selectmen of the 3 towns.  The warrant for this special meeting shall be proposed by the selectmen of the 3 towns, approved by the state board of education and signed by the commissioner of the department of education, shall provide for the election of officers in the newly created school district.  The commissioner of education shall have authority to appoint such officers pro tem as may be necessary pending the district special meeting held to elect officers.  In addition, the special meeting shall have the same power and authority as an annual meeting to raise and appropriate money, but it may defer the process of adopting a budget for the first operational fiscal year until the next annual meeting or such annual meeting as may be appropriate for adoption of a budget for the first operational fiscal year.  The school district officers elected at said meeting shall take office and organize promptly such that they carry out the duties of their office and take any action necessary to carry out the provisions of this law.  The initial board shall consist of 3 elected members, with one member from the town of Bridgewater, one member from the town of Hebron, one member from the town of Groton..  The initial term of the member from Bridgewater shall be for a 2-year term, with the other initial members and all subsequent members serving 3-year terms.  

III.  The elected school board for the Bridgewater-Hebron-Groton Special Purpose School District shall have the responsibility and authority granted to a school board of a cooperative school district.  It shall have the responsibility to effectuate plans and policies for the ensuing operation of the district, hold the necessary budgetary hearings and if not adopted at the special meeting, propose the initial operating budget to the legislative body of the created district at an annual meeting of the district to be held in the same manner as an operating school district under RSA 195, RSA 197 and RSA 198 for adoption of an operating budget for the fiscal year commencing on the effective date of operation.  This annual meeting shall have the same power and authority as the annual meeting of a fully operating school district including, but not limited to the raising or appropriating money for the ensuing fiscal year.  

IV.  The school district may rent or lease a facility from the Bridgewater-Hebron Village District and notwithstanding any law to the contrary, may, subject to any state design, safety, and space requirements, vote to expand the grades served by a school within the district up to twelfth grade.  The Bridgewater-Hebron Village District shall give priority in any lease or rental agreement to the students within the Bridgewater-Hebron-Groton Special Purpose School District.  The school district may educate students in grades 9 and above outside the district pursuant to tuition agreements.  The school district may make all other contracts necessary to carry out the purposes of a public school district, and may exercise any other power conferred upon single school districts under RSA 194:2, RSA 194:3 and any other applicable laws.  The department of education shall work collaboratively with the new district to ensure that grant funds and adequacy aid are properly allocated to the Bridgewater-Hebron-Groton Special Purpose School District.  

V.  On and after its establishment, the Bridgewater-Hebron-Groton Special Purpose School District shall be deemed to be a duly organized school district for purposes of its eligibility to apply for and receive all forms of aid, grants, and guarantees with respect to the school building including, but not limited to, school building aid under RSA 198 and the state guarantee of bonds or notes under RSA 195-C.  The amount of school building aid shall be based on the calculations applicable to a cooperative school district comprised of the 3 towns.  The operating costs and any capital outlay costs for the district shall be apportioned between the 3 towns in accordance with the following formula:  

(a)  One hundred percent of all such costs shall be apportioned on the basis of the average daily membership from each town for the preceding year; or

(b)  Such other formula as is recommended and proposed by the school, adopted by majority vote of the district meeting and approved by the state board of education.

VI.  This act shall be construed to authorize such school district to staff and operate such school district, to otherwise provide public education to any pupil, to exercise any other power reserved to school districts.  The district is granted such powers as are expressly stated in this act or necessary by implication to effectuate the purposes authorized by this section.  In addition, the Bridgewater-Hebron-Groton Special Purpose School District shall seek to offer employment opportunities to the existing public school staff and faculty in the same manner as the pre-existing district.  Further, the Bridgewater-Hebron-Groton Special Purpose School District shall work closely with the Newfound Area School District to endeavor to continue its relationship as put forth in the existing contract between the Bridgewater-Hebron Village District and former district to offer parents school choice and to accommodate students already enrolled in the new district’s school.

VII.  Upon the adoption of this act by the 3 towns, the towns in the Bridgewater-Hebron-Groton Special Purpose School District shall be deemed to have effectuated withdrawal from the Newfound Area School District on July 1 of the calendar year one year subsequent to the date of the vote adopting this act unless the meeting specifies a later fiscal year to be effective operational date, subject to any obligations set forth in RSA 195:27.  The newly formed school board may enter into long and short-term tuition agreements with the Newfound Area School District or any other public school district, public academy or school pursuant to RSA 193:3, VI for the education of those resident students in middle or high school who enroll in the Bridgewater-Hebron-Groton Special Purpose School District and may also vote to build additions or a separate school.  The term of office of the Newfound Area School District board members representing Bridgewater, Hebron and Groton shall terminate as of the July 1 effective operating date of the newly formed school district.

VIII.  Notwithstanding the provisions of RSA 195:30 and RSA 194-C:2, the newly formed district shall be deemed to have withdrawn from School Administrative Unit Number 4, as of the specified effective operational date of the Bridgewater-Hebron-Groton Special Purpose School District, and shall be its own school administrative unit with a number assigned by the department of education and may provide for superintendent services in accord with those options available to single school districts, including contracting for such services.  The unassigned fund balance of the SAU shall be allocated between the two districts as of June 30 immediately prior to the July 1, operating date in accord with the apportionment percentages of the Newfound Area School District budget for the prior fiscal year.  The newly formed district may enter into agreements with Newfound Area School District regarding the disposition of school administrative unit assets and liabilities.

IX.  The select boards of the towns of Bridgewater, Hebron, and Groton may appoint such committees and engage in such study as they deem appropriate in planning for the new district prior to the adoption vote.  However, if the select boards of the 3 towns wish to proceed further with this legislation they shall within 4 years from the effective date of this act, warn the question of adoption of this act at an annual meeting of the legal voters residing in the towns to see if they will vote to adopt the provisions of this act and create the new school district.  They shall call the meeting and give notice as town meetings are called and warned, excepting that the warrant shall be posted at 2 or more public places in each of the towns comprising the proposed district.  

2  Effective Date.  This act shall take effect upon its passage.