Vermont § 708 - Study committee; necessary and advisable districts; contents of study committee report and proposed articles; dissolution of committee

§ 708. Study committee; necessary and advisable districts; contents of study committee report and proposed articles; dissolution of committee

• (a) Study committee; process. (1) The superintendent shall convene a study committee’s first meeting when the committee’s
  members are appointed. If the participating districts are members of more than one
  supervisory union, then the superintendents shall decide which of their number shall
  convene the meeting. The study committee members shall elect a chair who shall notify
  the Secretary in writing of the committee’s creation and the chair’s election within
  30 days following the vote of the committee’s creation. (2) Staff of the supervisory union or unions shall provide administrative assistance to
  the study committee. (3) The Secretary shall cooperate with the study committee and is authorized to make Agency
  staff available to provide technical assistance to the committee. (4) The study committee is a public body pursuant to 1 V.S.A. § 310(4) and is subject to the requirements of 1 V.S.A. chapter 5, subchapter 2. (5) Although a study committee should try to achieve consensus, committee decisions shall
  be reached by a majority of all committee members present and voting. (b) Necessary and advisable school districts. If a study committee decides to recommend formation of a union school district, then
  it shall determine whether each school district included in the recommended formation
  is “necessary” or “advisable” to formation. (1) “Necessary” school district. (A) The study committee shall identify a school district as “necessary” to formation of
  the union school district only if the school district is a formal participant in the
  study committee. (B) Subject to the provisions of subsection 706(c) of this chapter, the school board of
  a “necessary” school district is required to warn a vote of the electorate under sections
  710 (vote to form union school district) and 711 (initial members of union school
  district board election) of this chapter. (C) A proposed union school district is formed only if the voters voting in each “necessary”
  school district vote to approve formation. (2) “Advisable” school district. (A) The study committee may identify any school district as “advisable” to formation of
  the union school district even if the school district is not a formal participant
  in the study committee. (B) The school board of an “advisable” school district is not required to warn a vote
  of the electorate under sections 710 (vote to form union school district) and 711
  (initial members of union school district board election) of this chapter, except
  upon application of 10 percent of the voters in the school district. (C) Voter approval in an “advisable” district is not required for formation of a new union
  school district. (3) Existing union elementary or union high school district. Notwithstanding other provisions of this subsection, an existing union elementary
  or union high school district is “necessary” to the formation of a unified union school
  district even though its interests are represented by its member districts pursuant
  to subdivision 706(c)(1) (study committee budget and membership for existing union
  school districts) of this chapter. (c) Proposal to form union school district; report and proposed articles of agreement. If a study committee determines that it is advisable to propose formation of a union
  school district, then it shall prepare a report analyzing the strengths and challenges
  of the current structures of all “necessary” and “advisable” school districts and
  outlining the ways in which a union school district promotes the State policy set
  forth in section 701 of this chapter. The study committee shall also prepare proposed
  articles of agreement that, if approved pursuant to the provisions of this chapter,
  shall serve as the operating agreement for the new union school district. At a minimum,
  articles of agreement shall state: (1) The name of any school district the study committee considers “necessary” to formation
  of the proposed union school district. (2) The name of any school district the study committee considers “advisable” to include
  in the proposed union school district. (3) The legal name or temporary legal name by which the union school district shall be
  known. (4) The grades, if any, that the proposed union school district will operate and the grades,
  if any, for which it will pay tuition. (5) The cost and general location of any proposed new school buildings to be constructed
  and the cost and general description of any proposed renovations to existing school
  buildings. (6) A plan for the first year of the union school district’s operation for transportation
  of students, assignment of staff, and use of curriculum that is consistent with existing
  contracts, collective bargaining agreements, and other provisions of law. The board
  of the union school district, if formed, shall make all subsequent decisions regarding
  transportation, staff, and curriculum subject to existing contracts, collective bargaining
  agreements, and other provisions of law. (7) A list of the indebtedness of each “necessary” and “advisable” district, which the
  union school district shall assume. (8) The specific pieces of real property of each “necessary” and “advisable” district
  that the union school district shall acquire, their valuation, and how the union school
  district shall pay for them. (9) Consistent with the proportional representation requirements of the Equal Protection
  Clause of the U.S. Constitution, the method or methods of apportioning representation
  on the union school district board as set forth in subsections 711(d) (unified union
  school district), (e) (union elementary or union high school district), and (f) (weighted
  voting) of this chapter. (10) The term of office for each member initially elected to the union school district
  board, to be arranged so that one-third expire on the day of the second annual meeting
  of the union school district, one-third on the day of the third annual meeting, and
  one-third on the day of the fourth annual meeting, or as near to that proportion as
  possible. (11) The date on which the proposal to create the union school district and the election
  of initial union school district board members will be submitted to the voters. (12) The date on which the union school district will be solely responsible for the education
  of its resident students in the grades for which it is organized and will begin operating
  any schools, paying any tuition, and providing educational services. (13) Whether the election of board members, election of school district officers, votes
  on the union school district budget, or votes on other public questions, or any two
  or more of these, shall be by Australian ballot. (14) Any other matters that the study committee considers pertinent. (d) No proposal to form a union school district. If a study committee determines that it is inadvisable to propose formation of a union
  school district, then its members shall vote to dissolve the committee. If the study
  committee members vote to dissolve, then the chair shall notify the Secretary in writing
  of the vote. (e) Dissolution of study committee. (1) If a study committee proposes formation of a union school district pursuant to subsection
  (c) of this section, then the committee shall cease to exist when the clerk of each
  school district voting on a proposal to establish the union school district has certified
  the results of the vote to the Secretary pursuant to subsection 713(a) of this chapter. (2) If a study committee determines that it is inadvisable to propose formation of a union
  school district, then the committee shall cease to exist when the chair notifies the
  Secretary of the committee’s vote pursuant to subsection (d) of this section. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)