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2022 New Hampshire Revised Statutes
Title XV - Education
Title 195 - Cooperative School Districts
Section 195:29 - Vote on Withdrawal.
Universal Citation: NH Rev Stat § 195:29 (2022)
195:29 Vote on Withdrawal. –
If the state board approves the plan for withdrawal, the board shall cause the withdrawal plan to be published once in some newspaper generally circulated within the cooperative school district. Upon receipt of a written notice of the board's approval of the withdrawal agreement, the school board of the cooperative district shall cause the withdrawal plan to be filed with the clerk of the cooperative school district and 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 article in the warrant for the 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 (as amended) providing for the withdrawal of the preexisting district of __________ from the __________ cooperative school district in accordance with the provisions of the proposed withdrawal plan filed with the school district clerk?"
Yes _________ No _________
If a majority of voters present and voting in the withdrawing preexisting district vote against withdrawal, then the withdrawal process is terminated. If a majority of the voters present and voting in the withdrawing preexisting district shall vote in the affirmative, and a majority of the voters present and voting in the entire cooperative district shall vote in the affirmative, the clerk of the cooperative school district shall forthwith send to the state board of education a certified copy of the warrant, certificate of posting, evidence of publication, and minutes of the meeting. If the board finds that a majority of the voters present and voting have voted in favor of the withdrawal plan, it shall issue its certificate to that effect and such certificate shall be conclusive evidence of the withdrawal of the preexisting district and the continuation of the cooperative school district as of the date of its issuance, or the dissolution of a 2-district cooperative if the cooperative was formed by 2 preexisting districts, provided, however, that a withdrawal plan shall be prepared for a 2-district cooperative and it shall provide for the disposition of property held within the cooperative and a statement of assumption of liabilities. If a majority of voters present and voting reject the plan, the withdrawing district shall have the right to appeal such vote to the state board of education. The state board shall upon receipt of such appeal investigate and report back to the district on its findings and recommendations; and this report may require that there will be another special meeting for a vote of reconsideration.
"Shall the school district accept the provisions of RSA 195 (as amended) providing for the withdrawal of the preexisting district of __________ from the __________ cooperative school district in accordance with the provisions of the proposed withdrawal plan filed with the school district clerk?"
Yes _________ No _________
If a majority of voters present and voting in the withdrawing preexisting district vote against withdrawal, then the withdrawal process is terminated. If a majority of the voters present and voting in the withdrawing preexisting district shall vote in the affirmative, and a majority of the voters present and voting in the entire cooperative district shall vote in the affirmative, the clerk of the cooperative school district shall forthwith send to the state board of education a certified copy of the warrant, certificate of posting, evidence of publication, and minutes of the meeting. If the board finds that a majority of the voters present and voting have voted in favor of the withdrawal plan, it shall issue its certificate to that effect and such certificate shall be conclusive evidence of the withdrawal of the preexisting district and the continuation of the cooperative school district as of the date of its issuance, or the dissolution of a 2-district cooperative if the cooperative was formed by 2 preexisting districts, provided, however, that a withdrawal plan shall be prepared for a 2-district cooperative and it shall provide for the disposition of property held within the cooperative and a statement of assumption of liabilities. If a majority of voters present and voting reject the plan, the withdrawing district shall have the right to appeal such vote to the state board of education. The state board shall upon receipt of such appeal investigate and report back to the district on its findings and recommendations; and this report may require that there will be another special meeting for a vote of reconsideration.
Source. 1977, 439:1. 1979, 129:2. 1996, 158:15, eff. July 1, 1996. 2018, 78:1, eff. July 24, 2018.
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