Chapter
413
2006 -- S 3101 SUBSTITUTE A AS AMENDED
Enacted 07/07/06
A N A
C T
AN ACT IN AMENDMENT
OF CHAPTER 109 OF THE PUBLIC LAWS OF 1958
ENTITLED "AN ACT
AUTHORIZING THE FORMATION OF A REGIONAL SCHOOL DISTRICT EMBRACING THE TOWNS OF
FOSTER AND GLOCESTER"
Introduced By: Senators P
Fogarty, Blais, Breene, and C Levesque
Date Introduced: May 11,
2006
It is
enacted by the General Assembly as follows:
SECTION
1. Chapter 109 of the Public Laws of 1958 entitled "An Act Authorizing the
Formation
of a Regional School District Embracing the Towns of Foster and Glocester"
as
amended,
is hereby further amended to read as follows:
"Section
1. There is hereby established a regional school district comprising the towns
of
Foster
and Glocester in accordance with the terms of the agreement filed with the town
councils
of the
towns of Foster and Glocester by the regional school district planning board
established
under
the provisions of general laws, 1956, 16-3 and accepted by the town of Foster
at a financial
town
meeting held on March 3, 1958 and by the town of Glocester at a financial town
meeting
held on
March 8, 1958.
This
district shall be known as the Ponaganset Regional School District, and shall
sometimes
be referred to herein as the Regional School District or District. As used in
this act,
references
to and/or use of the terms "school district," "regional school
district," and/or "district
school,"
shall all be deemed to refer to said Ponaganset Regional School District,
unless the
context
clearly indicates otherwise.
Section
2. The regional Ponaganset Regional School District school
district established
under
the provisions of the preceding section shall be a body politic and corporate
with all the
powers and
duties pertaining to education conferred by law upon cities and towns
generally,
including,
but not limited to the following:
(a)
To adopt a name and corporate seal.
(b)
To sue and be sued, but only to a similar extent and upon comparable conditions
that
a town
may sue or be sued.
(c)
To acquire by purchase, gift, devise or other means of transfer or by
condemnation,
land
and improvements within said district as a site for a school or schools. To
acquire also by
any
such methods such rights of way and other easements as may be required in
connection with
the use
of such site.
For
the purpose of acquiring land by condemnation for said site the regional school
district
is given all the powers conferred upon towns for the condemnation of land for
school
purposes
by general laws, 1956, 16-9-5; provided, however, that the amount of land taken
by said
district
may exceed five acres but shall not exceed fifty acres for any one building
site. The
description,
plat and statement of the land taken under this act shall be signed by the
chairman of
the
regional district school committee and filed in the records of land evidence as
provided in
general
laws, 1956, 16-9-6. The owners of land or any persons entitled to any estate or
interest
therein
so taken by the said regional school district shall have the same right of
petition, the right
of jury
trial and all other rights under the provisions of said general laws, 1956,
16-9-7 and 16-9-
8.
Upon
filing of the description, plat and statement of the land taken, the title to
such land
shall
vest absolutely and in fee simple in said regional school district
notwithstanding that any of
the
land taken is devoted to public use, and said regional school district, acting
by and through the
regional
district school committee, as hereinafter provided, and its duly authorized
agents, may
immediately
enter and take possession of said land without any process of law otherwise
required
by
statute or common law, and remove any or all buildings, property or other
impediments
thereon,
and occupy, use and improve the same for the purposes of this act
notwithstanding any
other
provision of law.
Said
regional school district, is authorized and empowered to pay for the cost of
acquiring
land for said regional school site from the proceeds received from the sale of
bonds
issued
pursuant to the provisions of this act, whether the same be acquired by
purchase or by
condemnation,
or partly by purchase and partly by condemnation.
(d)
To sell, lease or otherwise dispose of and grant easements or other rights, in
any real
estate
and improvements owned by the regional school district, when authorized by the
regional
district
financial meeting.
Section.
3. There shall be a regional district school committee which shall consist of
six
members,
each of whom shall be a duly elected or appointed member of the school
committee of
the
respective towns. In the event that the school committee of such town or towns
shall select
three
of its members to serve on the regional district school committee until their
successors are
elected
or appointed and qualified.
Within
ten days after the passage of this act, the regional district school committee
shall
meet
and organize by selecting one of their number to be the chairman who shall also
retain full
right
of voting on all matters. The committee shall also appoint a clerk and a
treasurer who need
not
be members of said regional district school committee.
The
regional district school committee shall have all the powers and duties
conferred by
law
upon school committees general including but not restricted to the following:
(a)
To issue bonds and make temporary borrowings on notes in anticipation of the
sale of
such
bonds when and if authorized by the regional school district financial meeting
as hereinafter
provided
and approved by the general assembly; to incur temporary debt in anticipation
of
revenue
to be received from member towns.
(b)
To apply for and receive, accept and use any state or federal funds or
assistance, or
both,
as may be provided whether in the form of a grant or a loan, or both. To
receive, accept and
use
any gift from private sources. To receive and disburse funds for any regional
school district
purpose.
The
regional district school committee shall be entitled to receive the maximum
amount
provided
by the state or federal government under existing or future laws for the
purposes for
which
such school is organized and operated; provided, however, that nothing in this
act shall be
construed
to diminish the allocation of state or federal funds not or hereafter available
to said
towns
of Foster and Glocester for high school purposes.
(c)
To publish an annual report 30 days prior to the annual regional school
district
financial
meeting containing a detailed financial statement showing the total receipts
and
expenditures
of the period covered by the report together with such additional information
relating
to the maintenance and operation of the school or schools as may be deemed
necessary
by
the regional district school committee.
(d)
To engage legal counsel.
(e)
To engage and employ a superintendent of schools for the regional school
district,
who
may also be a principal of a regional school or schools, on a contractual basis
for either a
definite
or indefinite term as the regional school district committee shall decide. The
person so
employed
shall have all powers and duties imposed upon a superintendent of schools by
law.
(f)
The regional district school committee shall annually cause an audit to be made
of the
accounts
of the regional school district and on completion of each audit, a report
thereof shall be
made
to the members of said committee, and a copy thereof shall be submitted to the
next
regional
school district financial meeting.
Compensation
for members of the regional district school committee and/or clerk and
treasurer
thereof shall be determined at the regional school district financial meeting,
as
hereinafter
provided.
The
regional district school treasurer shall furnish surety bond in amount to be
determined
annually by the regional district school committee. The expense of said bond
shall be
chargeable
to the regional school district.
Section
3. Regional School District Committee. -- There shall be established the
Ponaganset
Regional District School Committee, hereinafter sometimes referred to as the
"District
School Committee" and/or the "Regional District School
Committee."
(a)
COMPOSITION: The Regional District School Committee shall consist of nine (9)
elected
members, six (6) members from the town of Glocester and three (3) members from the
town
of Foster. The length of term and conditions for filling vacancies shall be as
provided for in
the
town charters of the respective towns.
(b)
POWERS AND DUTIES: The district school committee shall have all the powers and
duties
conferred by law upon school committees generally including, but not restricted
to, the
following:
(1)
To issue bonds when and if authorized by the district financial meeting as
hereinafter
provided
and approved by the general assembly.
(2)
To incur short-term debt in operation in anticipation of revenue appropriations
not yet
received.
(3)
To apply for and receive, accept and use, subject to the provisions of this
agreement,
any
town, state, or federal funds or assistance, or both, including school housing
aid as may be
provided,
whether in the form of a grant or a loan, or both, including, specifically,
such funds or
assistance
from state or federal sources as the member towns would otherwise be entitled
to apply
for
an receive from such sources in the event that total regionalization had not
occurred, but the
use
of which the member towns might be individually excluded by reason of the
existence of the
district.
(4)
To receive, accept and use any gift from private sources: and to receive and
disburse
funds
for any district purpose.
(5)
To reallocate any surplus as of the last day of the fiscal year so that any
such surplus
will
be carried forward into the next fiscal year and remain in the district
accounts.
(6)
To publish an annual report prior to the annual district financial meeting
containing a
detailed
financial statement showing the total receipts and expenditures of the period
covered by
the
report together with such additional information relating to the maintenance
and operation of
the
school or schools as may be deemed necessary by the district school committee.
(7)
To engage legal counsel.
(8)
To engage and employ a superintendent of schools for the district, on a
contractual
basis
for either a definite or indefinite term as the district school committee shall
decide. The
person
so employed shall have all the powers and duties imposed upon a superintendent
of
schools
by law.
(9)
The district school committee shall annually cause an audit to be made of the
accounts
of the district and on completion of each audit, a report thereof shall be made
to the
members
of said committee, and a copy thereof shall be submitted to the next district
financial
meeting.
(c)
The district treasurer shall furnish surety bond in amount to be determined
annually
by
the district school committee. The expense of said bond shall be chargeable to
the district.
Section
4. There shall be a regional district school building committee which shall
consist
of
eight members, four of whom shall be from each member town. The representation
from each
member
town shall consist of one member from the respective local school committee;
and three
members
selected by the town council of such town.
At
such time as a regional district school building committee shall be deemed
necessary,
the
chairman of the regional district school committee shall call upon the
respective officials of
the
member towns for the appointment or election of the necessary representatives.
The chairman
of
the regional district school committee shall then notify those persons
appointed or elected of
the
time and place of the first meeting, and shall act as the temporary chairman
(without voting
rights)
until said regional district school building committee shall have completed its
own
organization.
The
regional district school building committee shall have the following powers and
duties:
(a)
To secure competent architectural and engineering services for the making of
surveys,
the
preparation of plans and specifications of the construction and equipment of a
school or
schools
in said district, and the supervision of the construction, and to employ such
clerical
assistance
as may be necessary.
(b)
To construct, furnish and equip schools and athletic facilities and improve the
grounds
upon
which the schools are located and to make additions to said schools as may be
needed.
(c)
To make all contracts and agreements that may be necessary for the exercise of
the
powers
vested in said district school building committee by sub-paragraphs (a) and (b)
hereof,
provided,
however, that said regional district school building committee shall not make
any
expenditure
or incur any liability unless the necessary appropriations have been authorized
by the
regional
school district financial meeting as hereinafter provided in section 8 of this
act. The term
of
the regional district school building committee shall be until such time as the
authorized
building
or buildings have been constructed and accepted by the architects engaged by
the
committee
and of one year thereafter, whereupon the term of office of said committee
shall
terminate.
In
the event of a vacancy on the regional district school building committee said
vacancy
shall
be filled by the representation from the town in which the vacancy shall occur.
No
member of the committee shall be held personally liable for damages in the
performance
of his duties as a member of said committee.
Section
4. Regional district school building committee.-- There shall be a
regional district
school
building committee, hereinafter sometimes referred to as the "District
Building
Committee."
(a)
COMPOSITION: The district building committee shall consist of eight (8)
members.
(b)
METHOD OF SELECTION: Each town council shall appoint three (3) members, and
the
remaining two (2) members shall be selected from the district school committee
by a majority
vote
of the committee.
(c)
METHOD OF ORGANIZATION: At such time as a district building committee shall
be deemed
necessary, the chairman of the district school committee shall call upon the
respective
officials
of the member towns for the appointment or election of the necessary
representatives.
The
chairman of the district school committee shall then notify those persons
appointed or elected
of
the time and place of the first meeting, and shall act as the temporary
chairman (without voting
rights)
until said district building committee shall have completed its own
organization.
(d)
POWERS AND DUTIES:
(1)
To secure competent architectural and engineering services for the making of
surveys,
preparation
of plans and specifications for the construction and equipment of a school or
schools
in
said district and to employ such clerical assistance as may be necessary.
(2)
To construct, furnish and equip schools and athletic facilities and improve the
grounds
upon
which the schools are located and to make additions to said schools as may be
needed.
(3)
To make all contracts and agreements that may be necessary for the exercise of
the
powers
vested in said district building committee by this act; provided, however, that
said district
building
committee shall not make any expenditure or incur any liability unless the
necessary
appropriations
have been authorized by the district financial meeting as hereinafter provided
in
this
act.
(4)
The term of the district building committee shall be until such time as the
authorized
building
or buildings have been constructed and accepted by the architects engaged by
the district
building
committee and for one year thereafter, whereupon the term of office of said
district
building
committee shall terminate.
(e)
VACANCIES: In the event of a vacancy on the district building committee, said
vacancy
shall be filled by the original appointing organization from which the vacancy
shall
occur.
(f)
No member of the district building committee shall be held personally liable
for
damages
in the performance of his duties as a member of said committee.
Section
5. The regional school or schools for the towns of Foster and Glocester
shall be
located
within two miles of the common boundary separating the two towns. The regional high
and
middle school or schools shall be located within two (2) miles of the common
boundary
separating
the towns.
TYPE
OF REGIONAL SCHOOL.
(a)
The Ponaganset regional school district shall be a public regional school
district
grades
Pre-K through twelve (12), comprised of all the elementary schools of the
member towns,
as
well as the schools of the existing Foster-Glocester regional school district.
(b)
The Ponaganset school district shall include all grades and programs now
provided
and
any other grades and programs so specified by the district school committee.
Elementary
students
shall remain in their own community schools, except in special circumstances
where the
educational
needs of the child will clearly be better met by a transfer of the student, as
determined
by
the district school committee.
Section.
6. The regional school shall be a junior-senior high school for pupils
attending
grades
seven to twelve, inclusive.
Section
6. The regional school or schools shall be schools for pupils attending grades
from
pre-Kindergarten to twelve (12), inclusive.
Section
7. Services provided.-- The regional school district shall provide for
its students
the
types of services required of school committees generally, now or hereafter
enacted into the
general
laws of the state of Rhode Island, and may provide such other services as the
regional
district
school committee may determine.
Section
8. THE REGIONAL DISTRICT FINANCIAL MEETING.
The
regional school district financial meeting shall be held on March 24, 1998 at
8:00
p.m.
at the regional school building, or other such location as the regional school
committee may
publicly
designate in advance. Beginning in 1999, the regional school district financial
town
meeting
will be held on the third Tuesday in March each year. Special meetings may be
called by
vote
of the regional district school on accordance with conditions governing town
meetings
generally
prescribed by state law. All voters qualified at the financial town meeting
next
preceeding
such regional school district financial meeting and the respective towns of
Foster and
Glocester
shall be eligible to attend and vote at the regional district school financial
meeting.
"Notice
of a regular or special regional district financial meeting shall be given by
the
clerk
of the regional district school committee issuing his warrant, directed to the
town sergeant
or
one of the constables of each town in said district requiring him to post at
least 7 days before
the
day appointed for such meeting, written notification in 3 or more public places
in his town, of
the
time when and place where such meeting is to be held and of the business
required by law to
be
transacted therein. If the clerk shall refuse or be unable to issue such
warrant it shall be issued
by
the chairman of the regional district school committee."
The
regional school district financial meeting shall determined the annual regional
school
district
budget as to overall amount.
(a)
The district financial meeting shall be held on the third Tuesday of March of
each
year
at 7 P.M. at a district school facility or such other time and location as the
district school
committee
may publicly designate in advance in the manner as specified in this act.
Special
meetings
may be called by vote of the district school committee in accordance with
conditions
generally
governing town meetings and as prescribed by state law. All voters resident in
the
district
who are qualified to participate in a general election shall be eligible to
attend and vote at
the
district financial meeting.
(b)
The District Financial Meeting shall determine the annual District budget as to
over-
all
amount.
(c)
The Regional School Committee shall compile the annual District budget in
consultation
with the financial officers of the members towns, in compliance with any and
all
applicable
state laws as they pertain to Regional School Districts and within State mandated
spending
limitations.
(d)
The moderator of the regional school district financial district
financial meeting shall
be the chairman
chairperson of the regional district school committee or his
or her designee, and
the
clerk of the meeting shall be the clerk of the regional district school
committee.
(e)
A majority vote of all voters present at the regional school district financial
meeting
shall
be required for the adoption of the annual regional school district budget.
(f) No action shall be taken with respect to the purchase of land, the
construction of
buildings,
and the extension of the scope of the function of the regional school district
except
upon
majority vote of voters present at a regional school the district
financial meeting.
(g)
A quorum for the regional school district financial meeting shall consist of 25
fifty
(50) qualified voters.
(h)
Compensation for members of the District School Committee and/or clerk and
treasurer
thereof shall be determined at the District Financial Meeting.
The
first regional school district financial meeting shall be held within 60 days
following
the
passage of this act by the legislature.
Section.
9. The expenses of the regional school district shall be divided into the
categories
of construction costs and operating costs which are defined and shall be
apportioned
among
the member towns as follows:
(a)
Construction costs shall include
Section
9. ALLOCATION OF THE COSTS OF THE PONAGANSET REGIONAL
SCHOOL
DISTRICT.
(a)
The expenses of the District shall be divided into the categories of
Operations, Debt
Service
and Capital Improvements, which are defined and shall be apportioned among the
member
towns as follows:
(b)
Debt Service is the bonded indebtedness obligation of the District for the
cost of
acquiring
the regional district school site, plans, architects' and consultants'
services, building
construction,
original fixtures, equipment and furnishings, grading, landscaping and all
other
costs
incurred in placing the regional district school property in full operating
condition. In the
event
that during the life of this agreement any additional land area is acquired by
the district, any
additional
buildings are builds built by the district, any addition is built
to the district buildings,
any
remodeling done or extra-ordinary repairs made, all costs of the foregoing
nature incurred
with
respect to said land area or buildings, shall be construction costs. Construction
costs shall
also
include all expenses and indebtedness incurred in financing the foregoing
costs, as well as all
interest
on indebtedness incurred for the purpose of such financing including interest
on
temporary
notes issued by the regional school district in anticipation of the sale of
bonds to be
issued
to cover construction costs. All construction costs of the regional school
district authorized
by the regional
school district financial meeting shall be borne by the individual regional
school
district
taxpayers of the towns of Foster and Glocester in that proportion that the
equalized
weighted
assessed valuation of the property of these towns as determined from the latest
figure
certified
by the state board of tax equalization bears to the total equalized weighted
assessed
valuation
of the total property of the regional school district.
Until
such time as the state board of tax equalization shall determine the equalized
weighted
assessed valuations for the towns of Foster and Glocester, the equalized
valuations as
determined
by the state board of education shall be used. The respective amount of
construction
costs
to be borne by each town shall be determined each year whenever the correct
amounts are
ascertainable
just prior to the payments on any and all bonds and notes issued in
anticipation of
the
sale of such bonds as the same be come due and payable.
(b)
Operating costs shall include all costs of the district not included in the
preceding
definition
of construction costs. On or before February 15 of each year the treasurer of
the said
regional
school district shall determine the total operational cost of operating the
regional school
district
for the next budget year, including therein operational costs, operating expense,
and all
other
anticipated expenses except those expenses attributable to transportation
services and those
expenses
determined to be for special education and excess services incurred in the
operating of
the school
district as appropriated by the regional school district financial meeting. The
sum
should
then be divided by the number of students enrolled in the school district as of
October 1,
of
the current school year and the resulting figure shall then be determined as
the annual pupil
charge.
The charge so determined shall, not later than February 15 in each year, be
certified by
said
district treasurer to the respective treasurers of such member town. Each
member town shall
pay
to the treasurer of the district in accordance with subsection 9(e) a sum equal
to the number
of
pupils enrolled in the district from that town multiplied by the annual pupil
charge plus each
town's
share of the regional districts'' expenses for special education excess expenditures
for
pupils
enrolled by the participating communities of the regional school district.
(c)
The regional school district fiscal year shall begin on July 1st of each year.
(d)
A tentative allocation of the operating budget shall e made at the regional
school
district
financial meeting, based upon the October 1st enrollment of the then current
school year.
On
or before September 1st following the close of each school year, the regional
school district
treasurer
shall determine the actual proration of funds based upon the actual average
membership
from
the respective towns for said school year. Any difference between the
respective town's
tentative
proration as determined by clause (b) of this section, and the actual proration
as herein
provided
shall become debit and credit items to be considered in the preparation and
tentative
proration
of the next annual school district operating budget.
"(e)
The town treasurer of each town of the regional school district shall pay to
the
regional
school district treasurer on the first day of each month, commencing July 1 in
each year,
the
sum demanded by said regional school district treasurer, which sum shall be
determined in
accordance
with subsection 9(b). Said demand shall be made not later than the 20th day of
the
preceding
month. The total monthly sums requested for the entire fiscal year shall not
exceed the
amount
appropriated for said fiscal year by the regional school district financial
meeting.
(f)
Not less than 30 days prior to the date for the retirement of any bonds of the
regional
school
district and/or interest on said bonds, the regional school district treasurer
shall demand of
the
respective town treasurers the prorated sums due from each member town as
herein provided
in
clause (a) of this section. The respective town treasurers shall pay said
amount within a period
not
less than 10 days before the due date of said bonds and/or the interest
thereon.
(g)
Within ten days subsequent to the adoption of the budget at the regional school
district
financial meeting, the regional school district treasurer shall certify to the
budgetary
officers
and financial town meeting of the respective towns the amount of money to be
raised by
taxes
in each town as herein provided for the support of the regional school district
which amount
shall
become a part of the budget for each respective town, and shall be appropriated
in full by
the
financial town meeting.
(h)
In establishing the initial proration for the operating expenses of the
district, the
apportionment
shall be determined by the number of students enrolled in grades VII though XII
inclusive
from the respective towns for the school year next preceding.
(i)
The fiscal records of the regional district school committee shall be available
to the
auditors
of the respective towns.
(j)
The towns' respective shares of the principal of and interest on indebtedness
of the
district
and their respective obligations to pay other expenses of the district shall e
obligatory on
them
in the same manner and to the same extent as other debts lawfully contracted by
them and,
accordingly,
shall be regarded As indebtedness for the purposes of section 45-12-11 of the
general
laws, 1956.
(c)
The total operational costs (exclusive of Debt Service) of the District to
include a two
percent
(2%) assessment for a Capital Improvement Fund on said operational costs shall
be
apportioned
between the towns based upon a per public pupil calculation, using enrollment
as of
the
prior October 1st. A tentative allocation of the operating budget shall be made
at the Regional
School
District Financial Meeting, based upon the October 1st enrollment of the then
current
school
year. On or before September 1st following the close of each school year, the
Regional
School
District Treasurer shall determine the actual proration of funds based upon the
actual
average
membership from the respective town for said school year.
(d)
Within ten (10) days subsequent to the adoption of the budgets at the District
Financial
Meeting, the District Treasurer shall certify to the budgetary officers and
financial town
meeting
of the respective towns the amount of money to be raised by taxes in each town
as herein
provided
for the support of the District which amount shall become a part of the budget
for each
Member
Town, and shall be appropriated in full by the financial town meeting of the
Member
Towns.
The Capital Improvement Fund allocation may only be used for capital
improvements
and
shall be a restricted fund for such purposes.
(e)
Each of the treasurers of the Member Towns shall transfer one-twelfth (1/12) of
the
town's
portion of local funds for the District to the District Treasurer on the first
business day of
each
and every month beginning with the month of July.
(f)
Not less than thirty (30) days prior to the date for the retirement of any
bonds of the
District
and/or interest on said bonds, the District Treasurer shall demand of the
respective town
treasurers
the prorated sums due from each member town as herein provided. The respective
town
treasurers
shall pay said amount within a period not less than ten (10) days before the due
date of
said
bonds and/or the interest thereon.
(g)
The fiscal records of the District School Committee shall be available to the
auditors
of
the respective towns.
(h)
The District fiscal year shall begin on July 1st of each year.
Section
10. (a) It shall be the duty of the regional school district
superintendent, or chief
administrative
officer, to present to the regional district school committee, at its regular
meeting
in the
month of November, a preliminary budget containing his estimates of the
amount of money
needed
to operate the regional school district for the ensuing year. The form of said
budget shall
conform
to the accounting system of the Rhode Island state department of
education.
The
regional district school committee shall prepare and approve a budget which it
believes
will effectively operate the regional school district for the ensuing year not
later than the
tenth
day of January in each year.
(b)
The District School Committee shall prepare and approve a budget which it
believes
will
efficiently operate the District for the ensuing year not later than March 1st
each year.
(c)
At least ten (10) days before the annual regional school district
financial meeting at
which
the budget is to be adopted, the regional district school committee
shall hold a public
hearing
on the proposed budget, at which time any citizen entitled to vote at the
regional school
district
financial meeting may be heard. Notice of the date of such hearing, together
with a
summary
of the proposed budget, accompanied by a statement of the amount necessary to
be
raised
by taxation shall be given at least seven (7) days in advance thereof,
by publication once in
a newspaper
of general circulation within the regional school district and published in the
state of
Rhode
Island. Not later than January 31, the March district school
committee meeting, the
committee
shall adopt the final budget for the regional school district.
(d)
The final budget as adopted by the regional district school committee
after the public
hearing
shall be acted upon at the annual regional school district financial meeting
to be held on
the
first Tuesday of February of each year.
district financial meeting.
Section
11. TRANSPORTATION. -- Each member town shall transport its own
pupils to
and
from the regional district school or schools. (a) Transportation shall be provided by the
District
in a manner consistent with state law. Transportation costs shall be included
in the
Operational
portion of the District's annual budget.
(b)
During the transition period, the existing transportation agreements of the
towns of
Foster
and Glocester shall be honored, and the obligation of those contracts shall be
assumed by
the
regional district.
Section
12. RECEIPT AND DISBURSEMENT OF AID. -- (a) All state and federal aid
shall
be distributed directly to the District Treasurer, with payment of such aid
beginning the first
fiscal
year that the totally regionalized District shall be in operation. Any payment
of additional
state
aid for total regionalization, exclusive of state housing aid, as well as
initial costs to
coordinate
the curriculum, for professional development and equalization of educational
materials
and
equipment and to assume total fiscal management of the District in the amount
of seventy-
five
thousand dollars ($75,000) shall be paid for the first three (3) years of
operation of the totally
regionalized
District.
Section
13. EXISTING SCHOOL BUILDINGS. – (a)The District shall lease existing
school
buildings and the land upon which they are sited, from the Member Towns for the
sum of
one
dollar ($1.00) per year. Each Member Town shall retain title to its buildings and
land and
shall
be responsible for any bonded indebtedness remaining on said school buildings
at the time
of
total regionalization. Any such remaining payments shall be charged to debt
service of the
District
but paid by the owning town.
(b)
During the transition period, the existing contracts of the towns of Foster and
Glocester
pertaining to the schools, the school buildings, the school equipment and
services to the
schools
shall be honored, and the obligations and benefits thereof shall be assumed by
the
regional
district.
Section
14. EMPLOYMENT OF TEACHERS AND EXTENSION OF TENURE. -- (a)
All
teachers in positions to be superseded by the establishment of the Ponaganset
regional district
school
shall be given preferred consideration for similar positions in the regional
district school to
the
extent that such positions exist therein; and any such teacher who on the date
of his contract
of
employment with the regional district is on tenure, shall continue thereafter
to serve on a
tenure
basis.
(b)
During the transition period, the existing collective bargaining agreements for
certified
and non-certified personnel in both communities will be honored. No layoffs for
certified
or non-certified personnel covered by collective bargaining agreements will be
made as
a
direct result of total regionalization of the Foster and Glocester School
Districts into the
Ponaganset
School District.
(c)
The collective bargaining agreements in the towns of Foster and Glocester for
certified
and non-certified personnel in force on June 30, 2007 will remain in effect
until their
original
expiration date(s) or until a replacement agreement is negotiated with the
Ponaganset
Regional
District School Committee.
Section
13. 15. ADMISSION OF ADDITIONAL TOWNS. -- Any other town or towns
may be
admitted to the district by and upon:
1.
(a) Adoption of an appropriate amendment of the agreement between the
towns of
Foster
and Glocester as provided for in section 15. this act.
2.
(b) Acceptance by the town or towns seeking admission of the agreement
as so
amended.
3.
(c) Compliance with such provisions of the law as may be applicable, and
with such
additional
requirements as may be set forth in such amendment.
4.
(d). An added town or towns shall be admitted upon a satisfactory
capital investment,
based
upon the ratio of equalized weighted assessed valuation multiplied by a
mutually agreed
upon
investment factor. Such capital investment shall be returned to the original or
prior member
towns
in the same proportion as their respective contribution to capital investment
since the
inception
of the agreement.
Section
14. 16. WITHDRAWAL. -- (a) Any member town may petition to
withdraw
from
the regional school district at a time and under terms to be stipulated in a
proposed
amendment
to the agreement between the member towns, provided that (1) the town seeking
to
withdraw
has paid over to the district any costs which have been certified by the
regional district
treasurer
to the treasurer of the withdrawing town, including the entire amount so
certified for the
year in
which such withdrawal takes effect, and (2) said town shall remain liable to
the regional
school
district for its share of the indebtedness of the regional school district
outstanding at the
time of
such withdrawal, and for interest thereon, to the same extent and in the same
manner as if
the
town had not withdrawn from the regional school district.
(b)
A town seeking to withdraw from the regional school district shall cease to be
a
member
town if said proposed amendment is approved by a majority vote of all the
members of
the
regional district school committee and accepted by the petitioning town and
each of the other
member
towns, acceptance by each town to be by a majority vote of the voters present
at an
annual
financial town meeting or at a special financial town meeting called for the
purpose.
(c)
Any money received by the regional school district from the withdrawing town
for
payment
of indebtedness or interest thereon shall be used only for such purpose and
until so used
shall
be deposited in trust in the name of the regional school district with a
banking institution in
the
state of Rhode Island having a combined capital and surplus of not less than five
million
dollars
($5,000,000) fifty million dollars
($50,000,000).
Section
15. 17. AMENDMENTS. -- The agreement regarding the operation
and/or
establishment
of the regional school district
between the towns of Foster and Glocester may be
amended
from time to time in the manner hereinafter provided, but no amendment shall be
made
which
shall impair the rights of the holders of any bonds or notes or other evidences
of
indebtedness
of the regional school district then outstanding, or the rights of the regional
school
district
to procure the means for payment thereof, provided that nothing in this section
shall
prevent
the admission of a new town or towns to the regional school district and the
reapportionment
accordingly of capital costs of the regional school district represented by
bonds
or
notes of the regional school district then outstanding and of interest thereon.
A proposal for
amendment
may be initiated by a majority vote of all the members of the regional district
school
committee
or by a petition signed by ten percent (10%) of the registered voters of any
one of the
member
towns. In the latter case, said petition shall contain at the end thereof, a
certification by
the
clerk of the canvassing authority of such member towns as to the number of
registered voters
in said
town according to the most recent voting list and the number of signatures on
the petition
which
appear to be the names of registered voters of said town. Any such proposal for
amendment
shall be presented to the clerk of the regional district school committee, who
shall
mail or
deliver a notice in writing to the town council of each of the member towns
that a
proposal
to amend the agreement has been received and shall enclose a copy of such
proposal
(without
the signatures in the case of a proposal by petition). The town council of each
member
town
shall include in the warrant for the next annual financial town meeting,
or a special financial
town
meeting called for the purpose of an article stating the proposal or the
substance thereof, or
a
referendum to be placed on the ballot of the next general election, whichever
is requested by the
district
school committee. Such amendment
shall take effect upon its acceptance by all of the
member
towns, acceptance by each town to be by a majority vote of the voters present
at a said
town
financial meeting as aforesaid, or upon its acceptance by a majority vote of
the voters in
each
town voting on the question at the general election, depending upon which
method is used.
Section
18. PRECEDENCE. -- This act and the provisions contained herein
shall
supersede
any contrary provisions of law, including, but not limited to, any prior
amendments to
Chapter
109 of the Public Laws of 1958."
Section 19.
Appropriation restriction.- (a) The budget adopted and presented by the
Regional Financial District
Meeting for any fiscal year shall not propose the appropriations of
municipal funds in excess of
one hundred five and one-half percent (105.5%) of the total of
municipal funds appropriated
by the Financial Town Meeting of the towns of Foster and
Glocester for school
purposes for the then current fiscal year.
(b)
This appropriation restriction shall change and be subject to the provisions of
section
44-5-2
entitled "Maximum Levy" and Chapter 2, of Title 16.
SECTION
2. The question of the approval of this act shall be submitted to the voters of
the
towns of Foster and Glocester at the general election to be held on November 7,
2006. The
question
shall be submitted in substantially the following form: "Shall an act
passed at the 2006
session
of the General Assembly entitled, 'An act in amendment of chapter 109 of the
public laws
of 1958
entitled 'An act authorizing the formation of a regional school district
embracing the
towns
of Foster and Glocester' be approved?" and the warning for the meeting
shall contain the
question
to be submitted. From the time the meeting is warned and until it is held, it
shall be the
duty of
each town clerk to keep a copy of the act available at their office for public
inspection but
the
validity of the meeting shall not be affected by this requirement.
SECTION
3. This section and Section 2 of this act shall take effect upon passage. The
remainder
of this act shall take effect on July 1, 2007, if this act is approved by a
majority of the
voters
in each town voting on the question prescribed by Section 2 hereof.
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LC02859/SUB A
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