Substitute Senate Bill No. 205
          Substitute Senate Bill No. 205

               PUBLIC ACT NO. 98-56


AN ACT CONCERNING DISSOLUTION OF A REGIONAL SCHOOL
DISTRICT.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1.  Section  10-63b  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    Within   thirty   days   of   receipt   of  an
application  pursuant  to   section   10-63a   the
regional  board  of  education  shall call for the
appointment of a committee to  [determine  whether
and  under  what  conditions  such]  STUDY  ISSUES
RELATING TO withdrawal or dissolution. [shall take
place.]   The   committee  shall  consist  of  the
following: One member of the board of education of
each  town  within the district, to be selected by
each such board, if any, or if none, an elector to
be  elected  by the legislative body in such town;
one member of the board of finance  or  comparable
fiscal body of each town within the district to be
selected by each such board or body;  two  members
of the regional board of education, to be selected
by such board, no more than one of whom may  be  a
resident  of a town making the application for the
appointment of the committee;  one  member  to  be
appointed  by  the  Commissioner of Education, who
shall not be a resident of  any  town  within  the
district;  the  State Treasurer or the Treasurer's
designee, and one member to be  appointed  by  the
regional  board  of  education,  who  shall  be an
expert in municipal bonding and financing and  who
shall  not  be  a  resident of any town within the
district.   The   members   shall    receive    no
compensation   for   their   services,  but  their
expenses and those incurred by the regional  board
in   connection  with  withdrawal  or  dissolution
procedures shall be paid by the towns applying for
withdrawal  or  dissolution.  The appointee of the
Commissioner of Education  shall  call  the  first
meeting  of the committee, and the committee shall
organize and function in accordance  with  section
10-41.
    Sec.   2.   Section   10-63c  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    Within  one  year  after  its appointment, the
committee shall prepare a written report [of  its]
THAT  INCLUDES:  (1) ITS recommendation concerning
the advisability of a withdrawal  or  dissolution;
[.  If  the  committee  recommends a withdrawal or
dissolution, the report shall include: (1) A]  (2)
A  determination of the value of the net assets of
the   regional   district;   [,   (2)]   (3)    an
apportionment  of  the  net  assets to each member
town on the basis of the  ratio  which  the  total
average  daily  membership  of such town since its
membership in the regional district bears  to  the
total  average  daily  membership  reported to the
State Board of Education by the regional board  of
education  up  to  and  including  the  last  such
report; [, (3)] (4) a plan for settlement  of  any
obligations  and the transfer of property from the
regional school district to the member town school
districts; [, (4)] (5) a timetable for the orderly
withdrawal or dissolution of the regional district
and  establishment of local boards of education if
none  exist;  [,  (5)]  (6)  the  question  to  be
determined  by  the  referenda; and [(6)] (7) such
other matters as the  committee  deems  necessary.
The  provisions of sections 10-43, AS AMENDED, and
10-45, except as provided below,  shall  apply  to
the  procedures  for submission of the plan to the
State Board of Education, action  by  such  board,
presentation  of  such  plan  to the member towns,
action by such towns and the  dissolution  of  the
committee.  The  establishment  of  any  new local
board of education shall  be  in  accordance  with
chapter  146.  Upon  an  affirmative  vote in each
member town, OR, IN THE CASE OF A REGIONAL  SCHOOL
DISTRICT  THAT DOES NOT HAVE A HIGH SCHOOL, ANY OF
THE MEMBER TOWNS, the regional board of  education
and member towns shall cooperatively implement the
plan for dissolution or  withdrawal  of  a  member
town.
    Sec.  3.  Subsection (c) of section 10-153b of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (c)  The  employees  in either unit defined in
this section may  designate  any  organization  of
certified professional employees to represent them
in negotiations with respect  to  salaries,  hours
and  other conditions of employment with the local
or regional board of education which employs  them
by  filing,  during the period between March first
and March thirty-first of any  school  year,  with
the  board  of education a petition which requests
recognition of such organization for  purposes  of
negotiation   under   this  section  and  sections
10-153c to 10-153n, inclusive, and is signed by  a
majority  of  the  employees in such unit. Where a
new school district is formed as the result of the
creation of a regional school district, a petition
for designation shall also be considered timely if
it  is  filed  at any time from the date when such
regional school district is approved  pursuant  to
section  10-45  through  the  first school year of
operation of any such school district. Where a new
school  district  is  formed  as  a  result of the
dissolution  of  a  regional  school  district,  a
petition  for designation shall also be considered
timely if it is filed  at  any  time  [during  the
first  school year of operation of any such school
district] FROM THE DATE OF THE ELECTION OF A BOARD
OF  EDUCATION FOR SUCH SCHOOL DISTRICT THROUGH THE
FIRST  YEAR  OF  OPERATION  OF  ANY  SUCH   SCHOOL
DISTRICT.  Within three school days next following
the receipt of such  petition,  such  board  shall
post  a notice of such request for recognition and
mail a copy  thereof  to  the  commissioner.  Such
notice  shall  state  the name of the organization
designated by the  petitioners,  the  unit  to  be
represented  and  the  date  of  receipt  of  such
petition  by  the  board.  If  no  petition  which
requests  a  representation election and is signed
by twenty per cent of the employees in  such  unit
is  filed  in  accordance  with  the provisions of
subsection  (d)  of   this   section,   with   the
commissioner within the thirty days next following
the date on which the  board  of  education  posts
notice  of  the  designation  petition, such board
shall recognize the designated organization as the
exclusive  representative of the employees in such
unit  for  a  period  of  one  year  or  until   a
representation  election  has  been  held for such
unit pursuant to this section and section 10-153c,
whichever  occurs  later.  If a petition complying
with the provisions  of  subsection  (d)  of  this
section  is  filed  within  such  period of thirty
days, the local or  regional  board  of  education
shall not recognize any organization so designated
until an election has been held pursuant  to  said
sections  to  determine  which  organization shall
represent such unit.
    Sec.  4.  If a plan developed prior to January
1, 1999, for the withdrawal of a member town  from
a  regional  school  district  or dissolution of a
regional school district is  not  submitted  to  a
referendum  until  after said date, the provisions
of section 10-63c  of  the  general  statutes,  as
amended  by  section 2 of this act, shall apply to
the vote of a member town in such referendum.
    Sec.  5.  This  act shall take effect from its
passage, except that sections 1 to  3,  inclusive,
shall take effect January 1, 1999.

Approved May 19, 1998