New Hampshire Revised Statutes 195:29 – Vote on Withdrawal
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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 N.H. Rev. Stat. Chapter 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 _________
I. If a majority of voters present and voting in the withdrawing preexisting district vote in the negative, against withdrawal, then the withdrawal process is terminated.
II. If a majority of the voters present and voting in the withdrawing preexisting district shall vote in the affirmative, in favor of withdrawal and a majority of the voters present and voting in the entire cooperative district shall vote in the affirmative, in favor of withdrawal, 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.
III. If a
3/5 supermajority of the voters present and voting in the withdrawing preexisting district vote in the affirmative, in favor of the withdrawal, 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 unless a
3/5 supermajority of the voters present and voting in the entire cooperative district vote in the negative, against withdrawal.
IV. If the state board of education finds that a majority of the voters present and voting, in the withdrawing preexisting district and the entire cooperative district, or by the alternative supermajority vote under paragraph III, 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. A withdrawal plan shall be prepared and it shall provide for the disposition of property held within the cooperative and a statement of assumption of liabilities.
“Shall the school district accept the provisions of N.H. Rev. Stat. Chapter 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?”
Terms Used In New Hampshire Revised Statutes 195:29
- Cooperative school district: means a district composed of 2 or more school districts of the state associated together under the provisions of this chapter and may include either the elementary schools, the secondary schools, or both. See New Hampshire Revised Statutes 195:1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
Yes _________ No _________
I. If a majority of voters present and voting in the withdrawing preexisting district vote in the negative, against withdrawal, then the withdrawal process is terminated.
II. If a majority of the voters present and voting in the withdrawing preexisting district shall vote in the affirmative, in favor of withdrawal and a majority of the voters present and voting in the entire cooperative district shall vote in the affirmative, in favor of withdrawal, 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.
III. If a
3/5 supermajority of the voters present and voting in the withdrawing preexisting district vote in the affirmative, in favor of the withdrawal, 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 unless a
3/5 supermajority of the voters present and voting in the entire cooperative district vote in the negative, against withdrawal.
IV. If the state board of education finds that a majority of the voters present and voting, in the withdrawing preexisting district and the entire cooperative district, or by the alternative supermajority vote under paragraph III, 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. A withdrawal plan shall be prepared and it shall provide for the disposition of property held within the cooperative and a statement of assumption of liabilities.