HomeMy WebLinkAbout1980 District Agreement
Voted on June 8, 1970 Minuteman Tech
Revised on 11/20/73 2/20/79 10/7/80
Amendment #1 Amendment #2 Amendment #3
Modifying Budget Year Admission of New Towns Term of Office of
Committee Members
POLICY:CATEGORY: SCHOOL COMMITTEE
FILE NUMBER: 2.10
TOPICSDISTRICT AGREEMENT
AGREEMENT WITH RESPECT TO THE ESTABLISHMENT OF A TECHNICAL
AND VOCATIONAL REGIONAL SCHOOL DISTRICT
This agreement is entered into pursuant to Chapter 71 of the General Laws of Massachusetts, as
amended, among the towns of Acton, Arlington, Belmont, Boxborough, Carlisle, Concord, Lexington,
Lincoln, Stow, Sudbury, Wayland, and Weston and, in accordance with the provisions of Section VIII, such
of the Towns of Bolton, Dover, Lancaster, and Needham as shall accept its provisions, hereinafter
sometimes referred to as member towns. (Amendment #2-2/20/79). In consideration of the mutual
promises herein contained, it is hereby agreed as follows:
SECTION I THE REGIONAL DISTRICT SCHOOL COMMITTEE
(A)Composition
The regional district school Committee, hereinafter sometimes referred to as the Committee, shall
consist of one member from each member town. The members of the Committee shall be appointed as
hereinafter provided. All members shall serve until their respective successors are appointed and
qualified.
(B) Initial Committee
Within ten days after the establishment of the regional school district, the moderator of each member
town shall appoint one member to serve on the Committee, each of whom shall have been a member
of the regional school district planning board which submitted this agreement if such person is
available and willing to serve. The twelve members so appointed shall serve on the Committee until
their respective successors are appointed and qualified as provided in subsection 1 (C).
(C) Appointed Members
On or before April 1, 1972, the moderators of such of the towns of Acton, Arlington, Boxborough and
Carlisle as shall become members of the District pursuant to Section XII shall each appoint one
member to serve on the committee for a term of one year; the moderators of such of the towns of
Belmont, Concord, Lincoln, and Sudbury as shall become members of the District pursuant to Section
XII shall each appoint one member to serve on the Committee for a term of two years; and the
moderators of such of the towns of Lexington, Stow, Wayland, and Weston as shall become members
of the District pursuant to Section XII shall each appoint one member to serve on the Committee for
a term of three years.
The moderator of each town that shall be admitted to the District pursuant to Section VIII of this
Agreement shall, prior to the date on which admission takes effect, appoint one member to serve on
the Committee beginning on such date for a term of three years, or for such shorter term, as may be
necessary to retain symmetry of terms on the Committee as a whole. Prior to the date on which the
admission of one or more new member towns is to become effective, the Committee shall determine
(by lot, if there is more than one such town) the initial term of the member appointed by the
moderator of each such town, unless such initial term is specified in this Agreement. In every year in
which the term of office of a member expires, the moderators of the respective member towns shall
each appoint one member to serve for a term of three years. The term of each member of the
Committee shall commence on July 1 of the year in which he or she is appointed.
Amendment #2-2/20/79 Amendment #3-10/7/80
File Number 2.10District AgreementPage 1 of 7
(D) Vacancies
If a vacancy occurs among the members appointed by the moderator under subsection 1(B), the
moderator of the town involved shall within thirty days after such vacancy occurs appoint a member to
serve until his successor is appointed and qualified as provided in subsection 1(C). If a vacancy occurs
among the members appointed under subsection 1(C), the moderator of the member town involved shall
appoint a member to serve for the balance of the unexpired term, if any.
(E) Organization
Annually, on a date specified in the by-laws of the District, the Committee shall organize and choose by
ballot a chairman and a vice-chairman from among its own membership.
(F) Power 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 Section 16 to 16-1, inclusive, of Chapter 71 of the General Laws and any amendments
thereof or additions thereto now or hereafter enacted, or as may be specified in any other applicable
general or special law.
(G) Quorum
The quorum for the transaction of business shall be a majority of the Committee, but a number less
than the majority may adjourn.
SECTION II TYPE OF REGIONAL SCHOOL DISTRICT
The regional district school shall be a technical and vocational high school consisting of grades nine
through twelve, inclusive. The Committee is hereby authorized to establish and maintain such
kinds of education, acting as trustees therefore, as may be provided by towns under the
provisions of Chapter 74 of the General Laws and acts amendatory thereof, in addition thereto or
dependent thereon, including courses beyond the secondary school level in accordance with the
provisions of Section 37A of said Chapter 74.
SECTION III LOCATION OF THE REGIONAL DISTRICT SCHOOL
The regional district school shall be located within the geographical limits of the District and within a
radius of 5 miles from the intersection of Route 2 and Bedford Road which intersection is in the town of
Lincoln.
SECTION IV APPORTIONMENT AND PAYMENT OF COSTS
(A) Classification of Costs
For the purpose of apportioning 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 of 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, notes and
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 IV (B),
but including interest on temporary notes issued by the District in anticipation of revenue.
File Number 2.10District AgreementPage 2 of 7
(D) Apportionment of Capital Costs
Capital costs shall be apportioned to the member towns annually for the ensuing fiscal year in the
following manner. Each member town's share of capital costs for each fiscal year shall be determined by
computing the ratio which the town's pupil enrollment in the regional district school on October 1 of the
fiscal year next preceding the fiscal year for which the apportionment is determined bears to the
total pupil enrollment from all the member towns on the said date, except that if there is an enrollment
of less than five pupils from any member town in the regional district school on said date, such
member town shall be deemed to have an enrollment of five pupils in the regional district school. For the
purpose of this subsection, in computing this apportionment the "persons" referred to in subsection IV
(F) shall not be included. Notwithstanding the foregoing, in the event that there is no enrollment in the
regional district school from all the member towns on October 1 of any such year, capital costs shall be
apportioned on the basis of enrollment in grades nine through twelve of pupils residing in each member
town and receiving education at such town's expense on October 1 of such year. Capital costs
represented by debt service shall be apportioned as a capital cost of the fiscal year in which the debt
service falls due.
(E) Apportionment of Operating Costs
All operating costs, except those described in subsection IV(F), for the first fiscal year next following the
establishment of the regional school district, and for every fiscal year thereafter, shall be apportioned
to the member towns on the basis of each town's respective pupil enrollment in the regional district
school. Each member town's share for each fiscal year shall be determined by computing the ratio
which that member town's pupil enrollment in the regional district school on October 1 of the fiscal year
next preceding the fiscal year for which the apportionment is determined bears to the total pupil
enrollment in the regional school from all the member towns on the same date. In computing this
apportionment the pupil hours referred to in subsection IV(F) shall be excluded. In the event that
enrollment of pupils in the regional district school has not been accomplished by October 1 of any
year, operating costs shall be apportioned on the basis of enrollment in grades nine through twelve of
pupils residing in each member town and receiving education at such town's expense on October 1 of
such year.
(F) Special Operating Costs
The Committee shall determine the operating costs for each fiscal year of any evening trade extension
courses or any other types of courses which are offered by the District to persons other than the pupils
attending the regular day regional vocational school. Each member town's share of such operating
costs shall be determined by computing the ratio which that town's enrollment of pupil hours in
such courses on November 1 of the fiscal year next preceding the fiscal year for which the
apportionment is determined bears to the total enrollment of pupil hours in such courses from all the
member towns on the same date. In the event that enrollment of pupil hours in such courses on
November 1 of the fiscal year next preceding the fiscal year for which the apportionment is
determined bears to the total enrollment of pupil hours in such courses from all the member
towns on the same date. In the event that enrollment of pupil hours in such courses has not
been accomplished by November 1 of any year, such operating costs shall be apportioned on
the basis of enrollment in grades nine through twelve of pupils residing in each member town
and receiving education at such towns expense on October 1 of such year.
(G) Times of Payment of Apportioned Costs
Each member town shall pay to the District in each fiscal year its proportionate share,
certified as provided in subsection V(C) of the capital and operating costs. Except as otherwise
provided in subsection V(A) or in Section XI, 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:
September 1 25%
December 1 60%
March 1 75%
May 1 100%
File Number 2.10District AgreementPage 3 of 7
(H) Apportionment of Costs to New Member Towns
Except as otherwise provided in this subsection, capital costs and operating costs shall be
apportioned in accordance with subsections IV(D), (E), and (F) to towns admitted to the District
pursuant to the provisions of section VIII. In the first fiscal year in which the admission of a
new member town is effective, the town shall pay as its share of the capital costs and operating
costs for such fiscal year, an amount equal to what the town would pay if the pupils from the
town enrolled in the regional district school were tuition pupils. After the first fiscal year in
which the admission of a new member town is effective, the town's share of capital costs and
operating costs shall be determined in accordance with section IV of this Agreement except that
such share shall not include any capital costs on account of the bonds issued by the district
dated March 1, 1973 and March 1, 1974. However, commencing in the second fiscal year in
which such town is a member and continuing through the eleventh such fiscal year, in lieu of
such capital costs and as partial reimbursement to the other member towns for their payment
of capital costs on account of the original regional district school building, such town shall pay as
part of its share of capital costs an annual surcharge of $400 per pupil enrolled from such town in
the regional district school on October 1 of the next preceding fiscal year. If on such October 1,
there is an enrollment of less than five pupils from such town in the regional district school,
such member town shall be deemed to have an enrollment of five pupils in the regional district
school. The Committee shall determine the amount necessary to meet the annual operating
and maintenance budget and shall allocate such amount among the member towns without
taking such surcharge into account. After making such allocation, the Committee shall apply the
amount of such surcharge to reduce the shares of capital and operating costs of the member towns
which are not then required to pay such surcharge, in the same proportion as capital costs are
allocable among such towns pursuant to Section IV of this Agreement. For the purposes of Section IX
of this Agreement, if a new member town shall withdraw from the District prior to the twelfth year of its
membership, such surcharge shall be deemed to be part of the town's share of the indebtedness of
the District outstanding at the time of its withdrawal. (Amendment #2-2/20/79)
SECTION V BUDGET
(A) Initial Budget
Within sixty days after the initial regional district school Committee is organized, it shall prepare a
reasonably detailed operating and maintenance budget covering expenses, if any, for the balance of
the then fiscal year. Copies of such proposed budget shall be submitted to the chairman of the
finance or advisory committee in a member town, to the chairman of the board of selectmen, for its
consideration. A budget shall be adopted not earlier than fourteen days but within twenty-one days after
the proposed budget has been so submitted. The amount of the said budget shall be apportioned among
the member towns according to the provisions of Section IV herein. The regional district treasurer
shall certify to the treasurer of each member town its respective shares of said budget. The sums
thus certified shall be payable by each member town to the regional district school committee but only
from funds which may be or may have been appropriated by each member town for such purpose.
(B) Tentative Operating and Maintenance Budget
Thereafter, the Committee shall annually prepare a tentative operating and maintenance budget for
the ensuing fiscal year, attaching thereto provision for any installment of principal or interest to become
due in such fiscal year on any bonds or other evidence of indebtedness of the District and any other
capital costs to be apportioned to the member towns. The said Committee shall mail a copy to the
chairman of the Board of Selectmen and the Finance or Advisory Committee, if any, of each member
town at least fifteen days prior to the date on which the final operating and maintenance budget is
adopted, itemized as follows or in such further detail as the Committee may deem advisable:
1.Administration
2.Instruction
3.Other school services
4.Operating and maintenance of plant
5.Fixed charges
6.Acquisition of fixed assets
7.Community service
8.Debt retirement and debt service
9.Programs with other districts and private schools
(Amendment - #1 - - 11/20/73)
File Number 2.10District AgreementPage 4 of 7
(C) Final Operating and Maintenance Budget
The Committee shall adopt an annual operating and maintenance budget for the ensuing fiscal year
not later than forty-five days prior to the earliest date on which the business session of the annual
town meeting of any member town 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 operating and maintenance
budget shall include debt and interest charges and any other current 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 Section IV. The amounts so apportioned to each
member town shall be certified by the district treasurer to the treasurer of such member town within
thirty days from the dates on which the annual operating and maintenance budget is adopted by the
Committee, and each such town shall, at the next annual town meeting, appropriate the amounts so
certified. (Amendment #1 -- 11/20/73)
If the amount necessary to meet the annual operating and maintenance budget for a fiscal year in
which the admission of one or more new member towns becomes or is to become effective, shall have
been determined and apportioned without regard to the payments to be received from any such member
town as its share of the capital and operating costs of the District, the Committee may reopen the
budget, may re-determine the amounts necessary to meet the budget taking account of such
payments, and may reapportion such amounts among the other member towns in accordance with the
provisions of Section IV; provided, however, that the shares of such amounts reapportioned to the member
towns (other than such new member towns) shall be less than the amounts previously apportioned to
such towns. (Amendment #2 -- 2/20/79)
SECTION VI TRANSPORTATION
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.
During the first fiscal year in which the admission pursuant to Section VIII of a new member town is
effective, such town shall be responsible for providing school transportation for pupils from the town
enrolled in the regional district school and for paying the costs of such transportation.
(Amendment #2 -- 2/20/79)
SECTION VII AMENDMENTS
(A) Limitation
This agreement may be amended from time to time in the manner hereinafter provided, but no such
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 right of the District to
procure the means for payment thereof, provided that nothing in the section shall prevent the
admission of a new town or towns to the District 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 Section DC), may be initiated by a vote of a
majority of all members of the Committee or by a petition signed by at least 10 per cent 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 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 Board of Selectmen 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 selectmen 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.
File Number 2.10District AgreementPage 5 of 7
SECTION VIII ADMISSION OF NEW TOWNS
By an amendment of this Agreement adopted under and in accordance with Section VII above, any other
town or towns may be admitted to the regional school district. The effective date for the admission of
each such new member town shall be the July I following the adoption by the District of such an
amendment and the acceptance by the town of this Agreement as so amended. Such admission also shall
be subject to compliance with such provisions of law as may be applicable and such terms as may be set
forth in such amendment.
(Amendment #2-2/20/79)
SECTIONIXWITHDRAWAL
(A) Limitations
The withdrawal of a member town from the District may be effected by an amendment to this agreement
in the manner hereinafter 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 amendment). The selectmen 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 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.
(C) Cessation of Terms of Office of Withdrawing Town's Members
Upon the effective date of withdrawal the terms of office of the member 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 principal and interest on
obligations outstanding on the effective date of its withdrawal shall be not less than the average of such
town's annual capital cost apportionment percentages for the three years next preceding the year in
which its withdrawal becomes effective, or, in case such withdrawal becomes effective, the with-
drawing town's annual share of such future installments of principal and interest shall be not less than
the average of such town's annual capital cost apportionment percentage for such of the year or years
preceding the year in which its withdrawal becomes effective for which an apportionment of capital costs
shall have been made. The remainder of any such installment after subtracting the share of any town
or towns which have withdrawn shall be apportioned to the remaining member town or towns in the
manner provided in sub-section IV(D) or as may be otherwise provided in the amendment providing
for such withdrawal.
SECTION X TUITION STUDENTS
The Committee may accept for enrollment in the regional district school pupils from towns
other than member towns on a tuition basis. Income received by the District from tuition
pupils and not previously deducted from operating costs shall be deducted from the total
operating costs in the next annual budget to be prepared after the receipt thereof, prior to
apportionment under subsection FV(E) to the member towns.
SECTION XI FISCAL YEAR
Except as may otherwise be provided by law, the fiscal year of the district shall be the same as the
fiscal period of the member towns and the work year or fiscal year as it relates in this agreement to a
fiscal or budget period shall mean the fiscal year of the District.
If the fiscal year of the District shall be other than the calendar year, the dates on or before which
the respective percentages of the annual share of each member town shall be paid as provided in
File Number 2.10District AgreementPage 6 of 7
subsection IV (G) shall be adjusted so that not less than 25% thereof shall be paid not later than the
first day of the third month of such fiscal year, 60% shall be paid not later than the first day of the
sixth month of such fiscal year, 75% shall be paid not later than the first day of the ninth month of
such fiscal year and 100% shall be paid not later than the first day of the eleventh month of such fiscal
year.
SECTION XII SUBMISSION FOR APPROVAL
This agreement shall be submitted for approval pursuant to the applicable provisions of Section 15 of
chapter 71 of the General Laws to the towns of Acton, Arlington, Belmont, Boxborough, Carlisle,
Concord, Lexington, Lincoln, Sudbury, Stow, Wayland and Weston. In the event that at least the towns of
Arlington, Belmont, Concord and Lexington vote in the affirmative as provided in said Section 15 to
establish a regional technical and vocational school district, composed of the towns of Arlington,
Belmont, Concord, Lexington and such additional towns, if any, as so vote, shall be deemed to be
established; otherwise this agreement shall be void and of no effect.
NOTE ON EFFECTIVE DATE OF AMENDMENT NO. 2
Amendment No. 2 to the Agreement, proposed by vote of the Committee adopted on February 20, 1979,
shall take effect upon its acceptance by the member towns and upon the acceptance of the Agreement,
as heretofore amended and as further amended by this Amendment No. 2, on or before June 30, 1981
by any one or more of the Towns of Bolton, Dover, Lancaster and Needham; provided, however, that
the admission of any such town shall not be effective prior to July 1,1980.
File Number 2.10District AgreementPage 7 of 7