You asked (1) whether the residents of all towns in a regional school district are entitled to equal use of school facilities and (2) what the procedure is for withdrawing from a regional school district.

SUMMARY

Access to school facilities is determined by individual school district policies. Whether residents of all towns in a regional school district have equal access depends on their district's policy. The statutory procedure for withdrawing from a regional district composed of at least three towns includes an application by at least two member towns' legislative bodies, the establishment of a committee to decide within a year whether they should be allowed to withdraw and how, approval of the committee's plan by the State Board of Education, and submission of the withdrawal question to simultaneous referenda in the member towns. A regional district made up of only two towns would undergo a similar process to effect a dissolution.

REGIONAL SCHOOL DISTRICT FACILITY USE

Establishing a Regional School District

Connecticut law enables two or more towns to establish a regional school district. The process requires establishing a temporary regional school study committee, funding the study, producing a written report of the committee's findings, the State Board of Education's review and approval, and simultaneous referenda in each participating town (CGS § 10-39, et seq. ). A regional board of education of a least five members administers the resulting district, with the number of members and each town's proportional representation dictated by the study committee's report (CGS § 10-46).

Regional School District Facilities

A regional school district can allow members of the public to use its school facilities, including rooms, buildings, and grounds (CGS § 10-239). Whether all residents have equal access to the district's facilities depends on the district's policy. Some policies dictate the order of priority to be given to certain entities. For example, one regional school board's policy gives first priority to the school district's needs, second priority to member towns' recreation groups, third priority to civic groups from towns in the district, and last priority to civic groups from outside the district.

WITHDRAWAL FROM A REGIONAL SCHOOL DISTRICT

Application

The legislative bodies of member towns may apply to the school board to institute withdrawal from, or dissolution of, the district. For two-town districts, one town's application is enough. For districts composed of three or more towns, an application from two towns is necessary (CGS § 10-63a).

Study Committee Membership

Within 30 days of receiving an application, the school board must call for a committee to study issues relating to withdrawal or dissolution. The committee must include a member of the school boards and fiscal bodies of each of the district's member towns; if a town has no school board, then a member is chosen by its legislative body from among town electors. It also includes two members of the regional board, only one of whom may be from a town making the application; one appointed by the education commissioner from outside the district; the state treasurer or her designee; and an expert in municipal bonding and financing who resides outside the district, appointed by the regional board. The education commissioner's appointee calls the first meeting (CGS § 10-63b).

Committee Operating Procedures

At the first meeting, the committee must elect the officers it considers necessary, but at least a chairperson, a secretary, and a treasurer to receive and spend the committee's funds and keep detailed accounts. The secretary must keep minutes and file copies with the member towns' town clerks. Meetings are held at the call of the chair or as the committee determines. A majority of the membership constitutes a quorum (CGS § 10-41).

Contents of Committee Report

Within a year, the committee must prepare a written report recommending the advisability of withdrawal or dissolution. If it recommends in favor, the report must include (1) the value of the region's assets, (2) their apportionment among the member towns on the basis of their relative enrollments, (3) a plan for settling the district's obligations and transferring property to the towns' school districts, (4) a timetable for withdrawal or dissolution and for establishing local boards where none exist, (5) the question to be determined by the respective towns' referenda, and (6) any other matters the committee considers necessary (CGS § 10-63c).

State Board Action and Local Referenda

The plan must be submitted to the State Board of Education for its approval or disapproval and subsequently presented to the member towns for their action, and the study committee must be dissolved using the same procedures for establishing a regional district. If the committee's plan is certified as accepted, (1) the town clerks must make copies of the report widely available, (2) the committee must hold a public meeting in each town to present the certified report within 30 days of receiving a copy of the state board's certification, and (3) each member town must hold a referendum on the same day to vote on the recommendation to dissolve or withdraw from the district (CGS §§ 10-43 and 10-45). Upon an affirmative vote in each member town, the regional board and its member towns must cooperatively implement the plan for withdrawal or dissolution (CGS § 10-63c).

Outstanding Obligations

Member towns remain liable for the regional district's outstanding debt. The regional board and the towns involved may agree on how to repay the obligations as part of the final withdrawal or dissolution plan (CGS § 10-63f).

Withdrawal or Dissolution Prohibited

Towns cannot withdraw from a regional school district, nor can the district be dissolved, within three years after the district's formation. In addition, no town that voted to dissolve or withdraw from a regional school district can apply for another withdrawal or dissolution within three years of its last application (CGS § 10-63g).

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