194:3-g Municipal Preservation Option. –
If a majority of voters residing in all municipalities that are served by a school or district vote in the affirmative for the discontinuance of such elementary or high school pursuant to RSA 194:3-f, the municipality in which the elementary or high school is located shall be permitted to continue the operation of the school in accordance with this section.
I. For the purposes of this section:
(a) Elementary schools are the same as defined in RSA 189:25.
(b) High schools are the same as defined in RSA 194:23.
(c) "Governing body" means the board of aldermen or city council in the case of a city and the board of selectmen in the case of a town.
II. If the majority of voters residing in all municipalities that are served by a school or district elect to close an elementary or high school, the governing body of the municipality in which the school is located shall by a majority vote on a warrant article at a regular or special town meeting elect whether to preserve and continue the operation of the school.
(a) If the majority vote of the governing body elects to not preserve and continue the operation of the school, the school shall be closed pursuant to RSA 194:3-f, I.
(b) If a majority vote of the governing body elects to preserve and continue the operation of the school, the governing body shall within 90 days negotiate and enter into an operating agreement with the school district including, but not limited to:
(1) Accountability and governance relative to the duty to provide an adequate public education in accordance with RSA 189:1-a and RSA 193-E;
(2) Apportionment of costs and collective bargaining requirements relative to staffing in accordance with RSA 273-A;
(3) Apportionment of operating and capital outlay costs and the formula used for determining the apportionment of such costs;
(A) This subparagraph shall not be construed to require the modification of the duty of town districts to raise and appropriate funds relative to the maintenance of high schools pursuant to RSA 194:34;
(B) This subparagraph shall not be construed to require the modification of joint maintenance agreements, as defined in RSA 194:21;
(4) Apportionment of costs relative to the transportation of pupils in accordance with RSA 189:6;
(5) The transfer and conveyance of title to any land or property where the school is located and any associated costs relative to the transfer and conveyance of title; and
(6) Attendance of non-resident pupils within the municipality where the school is located, and whether the school be modified as an open enrollment school pursuant to RSA 194-D.
(c) If the governing body and school district fail to negotiate and enter into an operating agreement within 90 days immediately following the majority vote of the governing body prescribed in 194:3-g, II(b), the state board of education shall conduct a hearing and issue a final decision on the matter pursuant to RSA 21-N:11, III.
III. If any provision of this section or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the section which can be given effect without the invalid provisions or applications, and to this end the provisions of this section are severable.