[HISTORY: Adopted by the Groton-Dunstable
Regional School Committee 5-5-2010.[1] Amendments noted where applicable.]
[1]
Editor's Note: This agreement also superseded former Ch. 69,
Regional School District, adopted 10-10-1967 STM by Art. 5.
This agreement is entered into pursuant to Chapter 71 of the General Laws of Massachusetts, as amended, between the Towns of Groton and Dunstable, hereinafter sometimes referred to as "member towns." In consideration of the mutual promises herein contained, it is hereby agreed as follows.
A.
Composition.
(1)
The powers and duties of the Regional School District shall be vested
in and exercised by a Regional District School Committee, hereinafter
sometimes referred to as the "Committee." All members shall serve
until their respective successors are qualified.
(2)
Immediately upon the establishment of the District, the five members of the local School Committee of the Town of Groton and any of their successors thereafter shall serve on the Regional District School Committee until they are replaced in the manner hereinafter described. At the Annual Town Election next following the assumption of jurisdiction by the Committee of the pupils in all the grades of the District and at the Annual Town Elections in the next two succeeding years, the Town of Groton shall elect for a term of three years the number of members to serve on the Regional District School Committee whose terms would normally expire on the local School Committee on each respective Annual Town Election mentioned above. Thereafter, the Town of Groton shall, at every Annual Town Election, elect for a term of three years the number of members, if any, necessary to maintain its membership on the Committee in accordance with its enrollment of pupils on the previous October first as provided in Subsection A(4) of this section.
(3)
Immediately upon the establishment of the District, the three members of the local School Committee of the Town of Dunstable and any of their successors thereafter shall serve on the Regional District School Committee until the Annual Town Election next following the assumption of jurisdiction by the Committee of the pupils in all the grades of the District. At the said election, the Town of Dunstable shall elect two members to serve on the Committee, one for a term of two years and one for a term of three years. Thereafter, the Town of Dunstable shall, at every Annual Town Election, elect for a term of three years the number of members, if any, necessary to maintain its membership on the Committee in accordance with its enrollment of pupils on the previous October first as provided in Subsection A(4) of this section.
(4)
The Committee shall annually ascertain the number of pupils residing in each member town who are enrolled in the regional District schools on October 1, including the schools referred to in § 69-4B and C. If the enrollment from a member town is 35% or less of the total enrollment from all the member towns, such town shall be entitled to two members; if the enrollment from a member town exceeds 45% of the total enrollment from all the member towns, such town shall be entitled to five members. Notwithstanding any provisions to the contrary contained in this subsection, if a member town's entitlement is reduced in any year, the term of office of any incumbent member shall not be affected thereby.
B.
Vacancies. If a vacancy occurs among the members elected to the Committee,
the Select Board and the remaining member or members of the Committee
from the town involved, acting jointly, shall appoint a member to
serve until the next Annual Town Election, at which election a successor
shall be elected to serve from the balance of the unexpired term,
if any.
[Amended 10-1-2018 ATM
by Art. 14]
C.
Organization. Promptly upon the establishment of the Regional School
District and on April 1 of each year thereafter, the Committee shall
organize and elect a chairman and a vice chairman from among its membership.
D.
Powers and duties. The Committee shall have all the powers and duties
conferred and imposed upon school committees by law and conferred
and imposed upon it by this agreement, and such other additional powers
and duties as are specified in MGL C. 71, §§ 16 to
161, inclusive, and any amendments thereof or additions thereto now
or hereafter enacted or as may be specified in any other applicable
general or special law.
E.
Quorum. The quorum for the transaction of business shall be a majority
of the Committee, but a number less than the majority may adjourn.
The Regional School District shall include all grades from Kindergarten
through grade 12 and such programs as are required by state law.
The Regional School District shall include all grades from Kindergarten
through grade 12. The Committee is hereby authorized, in its discretion,
to establish and maintain state-aided vocational education, acting
as trustees therefor, in accordance with the provisions of Chapter
74 of the General Laws, and acts amendatory thereof, in addition thereto
or dependent thereon.
A.
Location of new schools. The Regional School District may construct
new schools as needed, K through 12, wherever the Regional School
District decides the needs and feasibility exist.
B.
Lease of school buildings.
(3)
Each of the leases authorized above shall be for a term of 20 years
and shall commence on the date when the Committee assumes jurisdiction
over the pupils in all grades of the District. Each of the leases
shall contain a provision for the extension of the term thereof for
an additional term not in excess of 20 years, at the option of the
Committee. Each of the leases shall contain provisions authorizing
the Regional School District to insure, repair, improve, alter or
remodel any of the leased buildings. Neither the Town of Groton nor
the Town of Dunstable shall receive any rental under any such lease.
Any such lease involving the above-named schools in the Town of Dunstable
shall be on such other terms as may be determined by the Select Board
of the Town of Dunstable and the Committee, who shall execute the
lease for the Town of Dunstable and the Regional School District,
respectively.
[Amended 10-1-2018 ATM
by Art. 14]
C.
Sale of present Groton High School. The Town of Groton is hereby
authorized to sell to the Regional School District the building presently
known as the "Groton High School" and the land appurtenant thereto
and used in connection therewith. The Select Board of the Town of
Groton shall make the conveyance therefor before the Committee assumes
jurisdiction over the pupils in all the grades of the District. The
Town of Dunstable shall pay $6,250 each year for a period of 13 consecutive
years commencing in 1968 for the sale of said high school and an additional
amount each year for the said 13 years to be determined annually in
the manner hereinafter described. In each of said years, the Committee
shall ascertain the amount of principal and interest which the Town
of Groton will be obligated to pay for that year on its bonds dated
August 1, 1961, which were issued in connection with the construction
of the Groton High School; from this amount, there shall be subtracted
the amount of the state school construction grant scheduled to be
paid in that year to the said Town for the construction of the high
school; and the net amount shall be multiplied by a fraction of which
the numerator shall be the number of pupils from the Town of Dunstable
who were attending said high school on October 1 of the year previous
to the year for which the determination is made, and the denominator
shall be the number of pupils from all the member towns who were attending
said high school on October 1 of the same year. The said amount, as
so determined, when added to the amount of $6,250, shall constitute
the total amount of the annual payment of the Town of Dunstable for
that year. The first of such payments shall be made on May 1, 1968,
and thereafter payments shall be made on May 1 of each succeeding
year until the 13 payments have been made. For a period of 13 years,
commencing with the year 1967, the Committee shall, prior to December
31, assess the Town of Dunstable the amount due as provided above
and at its next Annual Town Meeting the said Town shall appropriate
the amount so assessed; and the Treasurer of the said Town shall pay
the amount so appropriated to the Regional School District Treasurer,
and the Regional School District Treasurer shall forthwith pay the
said amount to the Treasurer of the Town of Groton.
[Amended 10-1-2018 ATM
by Art. 14]
A.
Classification of costs. For the purpose of appointing assessments
levied by the District against the member towns, costs shall be divided
into two categories: capital costs and operating costs.
B.
Capital costs. Capital costs shall include all expenses in the nature
of capital outlay such as the cost of acquiring land, the cost of
constructing, reconstructing, or adding to a school building or buildings,
the cost of remodeling or making extraordinary repairs to a school
building or buildings, the cost of constructing sewerage systems and
sewerage treatment and disposal facilities or the cost of the purchase
or use of such systems with a municipality, and any other item of
capital outlay for which a regional school district may be authorized
to borrow, including, without limitation, the cost of original equipment
and furnishings for such school buildings or additions, plans, architects'
and consultants' fees, grading and other costs incidental to
placing school buildings and additions, sewerage systems and sewerage
treatment and disposal facilities, and any premises related to the
foregoing in operating condition. Capital costs shall also include
payment of principal of and interest on bonds, other obligations issued
by the District to finance capital costs.
C.
Operating costs. Operating costs shall include all costs not included in capital costs as defined in Subsection B, but including interest on temporary notes issued by the District in anticipation of revenue.
D.
Apportionment of capital costs. Debt service on bonds or notes issued
by the District to finance capital costs of a District building shall
be apportioned on the basis of pupil enrollment in such building.
Each member town's share shall be determined by computing the
ratio which its pupil enrollment in such building on the October 1
next preceding the first day of the fiscal year for which the apportionment
is made bears to the pupil enrollment from all the member towns in
such building on that date. Each member town's share of the debt
service for a building not occupied by students shall be determined
by computing the ratio of that town's pupil enrollment to the
total pupil enrollment in all grades from K through 12 of pupils residing
in each member town and receiving education at the region's expense.
E.
Apportionment of operating costs.
Operating costs for every fiscal year shall be apportioned to the member towns on the basis of their respective pupil enrollments in the Regional School District schools, including the schools referred to in § 69-4B.
Each member town's share for each fiscal year shall be
determined by computing the ratio of that town's pupil enrollment
to the total pupil enrollment in all grades from K through 12 of pupils
residing in each member town and receiving education at the region's
expense.
F.
Times of payment of apportioned costs. Each member town shall pay to the District in each year its proportionate share, certified as provided in § 69-6C, of the capital and operating costs. Except as otherwise provided in § 69-6A, the annual share of each member town shall be paid in such amounts and at such times that at least the following percentages of such annual share shall be paid on or before the dates indicated, respectively:
|
August 15
|
25%
| |
|
November 15
|
50%
| |
|
February 15
|
75%
| |
|
May
|
100%
|
A.
Initial budget. Within 60 days after the initial Committee is organized, it shall prepare a reasonably detailed operating and maintenance budget covering expenses, if any, for the balance of the calendar year. Copies of such proposed budget shall be submitted to the Chairman of the Finance or Advisory Committee and to the Chairman of the Select Board of each member town for their consideration. A budget shall be adopted within 30 days after the proposed budget has been so submitted. The amount of the said budget shall be apportioned between the member towns according to the provisions of § 69-5 hereof. The District Treasurer shall certify to the treasurer of each member town its respective share of said budget. The sums thus certified shall be payable forthwith by each member town to the Committee but only from funds which may be or may have been appropriated by each member town for such purpose.
[Amended 10-1-2018 ATM
by Art. 14]
B.
Tentative maintenance and operating budget.
(1)
Thereafter, at the opening of each academic year in September, the
Committee shall as promptly as practicable proceed with the preparation
of a tentative operating and maintenance budget for the ensuing fiscal
year, including therein provision for any installment of principal
or interest to become due in such fiscal year on any bonds, notes
or other obligations of the District and any other capital costs to
be apportioned to the member towns in such fiscal year. The Committee
shall consult with the Select Board of each member town each year
prior to establishing the guidelines to be used in preparing the tentative
budget for the following fiscal year. The said tentative budget shall
be in reasonable detail, including the amounts payable under the following
classifications and such other classifications as may be deemed necessary
or appropriate by the Committee or as may be requested, in writing,
and submitted to the Committee by the Select Board of any member town:
[Amended 10-1-2018 ATM
by Art. 14]
(2)
In addition all non-recurring expenditures of the tentative budget
shall be itemized.
(3)
Upon the preparation of such tentative budget for any fiscal period
and not later than 30 days prior to the date on which the final maintenance
and operating budget is adopted, the Committee shall mail copies of
such tentative budget to the Chairperson of the Select Board of each
member town, present and explain the tentative budget to the Finance
Committee in each member town, and provide three copies of the tentative
budget to the Town Clerk of each member town for public perusal copying.
The first page of said tentative budget shall contain a notice stating
the time and place in which a public hearing will be held thereon.
The Committee shall publish a notice of the time and place of such
hearing at least once in a newspaper in general circulation in the
District. After a time period of at least 10 days following the publication
of such tentative budget at least five days prior to the adoption
of the final maintenance and operating budget, the Committee shall
hold a public hearing within the District to discuss the tentative
budget and to answer any and all inquiries with respect thereto.
[Amended 10-1-2018 ATM
by Art. 14]
C.
Final maintenance and operating budget. Following the public hearing on the tentative budget, the Committee may make any such modifications to its tentative budget as it may deem necessary or desirable and adopt an annual maintenance and operating budget for the ensuing fiscal year not later than 45 days prior to the earliest date on which the business session of the Annual Town Meeting in any member town meeting is to be held, but in no event later than March 31, provided that said budget need not be adopted earlier than February 1. Said annual maintenance and operating budget shall include debt and interest and any other capital costs as separate items, and the said Committee shall apportion the amounts necessary to be raised in order to meet the said budget in accordance with the provisions of § 69-5D and E. The amounts so apportioned to each member town shall be certified by the District Treasurer to the Treasurers of the member towns within 30 days from the date on which the annual maintenance and operating budget is adopted by the Committee, and each town shall, at the next Annual Town Meeting, appropriate the amounts so certified to it.
D.
Annual report. The Committee shall submit to each member town by
September 15 of each year an annual report containing a detailed financial
statement for the prior fiscal year, and a statement showing the method
by which each member town's proportionate share of the capital
and operating costs of the District was computed, together with such
additional information relative to the operation of the Regional District
Schools as deemed necessary and appropriate by the Committee or as
may be requested, in writing, and submitted to the Committee by the
Select Board from any member town.
[Amended 10-1-2018 ATM
by Art. 14]
School transportation shall be provided by the Regional School
District and the cost thereof shall be apportioned to the member towns
as an operating cost, except that the cost of transportation for the
first full calendar year in which all the schools of the District
are in operation and for any calendar year thereto shall be apportioned
to the member towns in such manner as may be determined by the Committee.
A.
Limitation. This agreement may be amended from time to time in the
manner hereinafter provided, but no amendment shall be made which
shall substantially impair the rights of the holders of any bonds
or notes or other evidences of indebtedness of the District then outstanding,
or the rights of the 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 Districts and the reapportionment accordingly
of capital costs of the District represented by bonds or notes of
the District then outstanding and of interest thereon.
B.
Procedure. Any proposal for amendment, except a proposal for amendment providing for the withdrawal of a member town (which shall be acted upon as provided in § 69-10), may be initiated by a two-thirds vote of all members of the Committee or by a petition signed by 10% of the registered voters of any one of the members towns. In the latter case, said petition shall contain at the end thereof a certification by the Town Clerk of such member town 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 and said petition shall be presented to the secretary of the Committee. In either case; the secretary of the Committee shall mail or deliver a notice, in writing, to the Select Board of each of the member towns that a proposal to amend this agreement has been made and shall enclose a copy of such proposal (without the signatures in the case of a proposal by petition). The Select Board of each member town shall include in the warrant for the next Annual or a Special Town Meeting called for the purpose an article stating the proposal or the substance thereof. Such amendment shall take effect upon its acceptance by all the member towns, acceptance by each town to be by a majority vote at a Town Meeting as aforesaid.
[Amended 10-1-2018 ATM
by Art. 14]
By an amendment of this agreement adopted under and in accordance with § 69-8 above, any other town or towns may be admitted to the Regional School District upon adoption as therein provided of such amendment and upon acceptance by the town or towns seeking admission of the agreement as so amended and also upon compliance with such provisions of law as may be applicable and such terms as may be set forth in such an amendment.
A.
Limitations. The withdrawal of a member town the District may be
affected by an amendment to this agreement in the manner thereinafter
provided by this section. Any member town seeking to withdraw shall,
by vote at an Annual or Special Town Meeting, request the Committee
to draw up an amendment to this agreement setting forth the terms
by which such town may withdraw from the District, provided that the
said town shall remain liable to the District for its share of the
indebtedness of the District outstanding at the time of such withdrawal,
and for interest thereon, to the same extent and in the same manner
as though the town had not withdrawn from the District.
B.
Procedure. The Clerk of the town seeking to withdraw shall notify the Committee, in writing, that such town has voted to request the Committee to draw up an amendment to the agreement (enclosing a certified copy of such vote). Thereupon, the Committee shall draw up an amendment to the agreement setting forth such terms of withdrawal as it deems advisable, subject to the limitation contained in § 69-8A. The Secretary of the Committee shall mail or deliver a notice, in writing, to the Select Board of each member town that the Committee has drawn up an amendment to the Agreement providing for the withdrawal of a member town (enclosing a copy of such amendment). The Select Board of each member town shall include in the warrant for the next Annual or a Special Town Meeting called from the purpose an article stating the amendment or the substance thereof. Such amendment shall take effect upon its acceptance by all of the member towns, acceptance by each town to be by a majority vote at a Town Meeting as aforesaid.
[Amended 10-1-2018 ATM
by Art. 14]
C.
Cessation of terms of office of withdrawing town's members.
Upon the effective date of withdrawal the terms of office of all members
serving on the Regional District School Committee from the withdrawing
town shall terminate and the total membership of the Committee shall
be decreased accordingly.
D.
Apportionment of capital costs after withdrawal. The withdrawing town's annual share of any future installment of the principal and interest in obligations outstanding on the effective date of its withdrawal shall be fixed at the percentage prevailing for such town at the last annual apportionment made next prior to the effective date of the withdrawal. The remainder of any such installment after subtracting the share of any town or towns in which have withdrawn shall be apportioned to the remaining member town or towns in the manner provided in § 69-5D or as may be otherwise provided in the amendment providing for such withdrawal.
A.
Vocational and trade school pupils. Any pupil residing in a member
town who is desirous of attending a trade or vocational school outside
the District shall have all the privileges of attending such a school
as are now or may be hereafter provided for by law and the cost of
tuition for attending such a school and the cost of transportation,
when necessary, shall be borne by the town wherein the student resides.
B.
Admission of pupils residing outside the District. The Committee may accept for enrollment in the Regional District school pupils from towns other than the member towns on a tuition basis and upon such terms as it may determine. Income received by the District from tuition pupils shall be deducted from the total operating costs in the next annual budget to be prepared after the receipt thereof, prior to apportionment under § 69-5 to the member towns.
All teachers in positions to be superseded by the establishment
and operation of the Regional School District shall be given consideration
for similar positions in the Regional District schools to the extent
that such positions exist therein. Any such teacher who on the date
of his/her contract of employment with the District is then on tenure
shall continue to serve on a tenure basis.
At such times as it elects, the Regional District School Committee
shall give written notice by registered or certified mail to the local
School Committee of the member towns specifying the date on which
the Regional District School Committee shall assume jurisdiction over
the pupils in all the grades of the District, which date shall be
consistent with the availability of new facilities to accommodate
the pupils in grades seven through 12. The said notice shall be mailed
at least 30 days prior to the date specified in the notice on which
jurisdiction will be assumed.
