Chapter 521

2006 -- H 8152 SUBSTITUTE A

Enacted 07/06/06

 

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: Representatives Gorham, Pacheco, and Winfield

     Date Introduced: May 25, 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 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 obligation 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. – 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.

     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.

     

=======

LC03313/SUB A

=======