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statutes is repealed and the following is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statutes is repealed and the following is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