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§1463. Operational date and transfer of authority


Published: 2015

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§1463. Operational date and transfer of authority








1. Operational date.  
A regional school unit board of directors becomes operational on the date set by the
state board as provided in this chapter.


[
2007, c. 240, Pt. XXXX, §13 (NEW)
.]








2. Transfer of governing authority.  
The regional school unit board of directors, on the date established pursuant to subsection
1, shall assume responsibility for the management and control of the public schools
and programs within the school administrative units in existence prior to the operational
date of the new regional school unit that are within the regional school unit. Those
school administrative units in existence prior to the operational date of the new
regional school unit on the date established in subsection 1 have no further responsibility
for the operation or control of the public schools and programs within the school
administrative unit except those pursuant to section 1481.


[
2007, c. 240, Pt. XXXX, §13 (NEW)
.]








3. Transfer of school accounts.  
Notwithstanding section 15004 or any charter of a municipal school unit, school administrative
district, community school district or regional school unit, the balance remaining
in the school accounts of the former municipal school unit, school administrative
district, community school district or regional school unit within the new regional
school unit must be paid to the treasurer of the new regional school unit and verified
through the annual audit process pursuant to chapter 221, subchapter 2. The balance
from each of the former municipal school unit, school administrative district, community
school district or regional school unit must be used to reduce that unit's or district's
local contribution to the regional school unit. Payment may be made in equal monthly
installments during the implementation year.


[
2007, c. 240, Pt. XXXX, §13 (NEW)
.]








4. Transfer of teachers and employees.  
Except as limited by paragraph A, all teachers and school employees who are employed
by a participating school administrative unit on the day prior to the date established
pursuant to subsection 1 must be transferred to and employed by the regional school
unit as of the date established pursuant to subsection 1. Except as limited by subsection
2, the regional school unit shall assume all of the legal obligations and duties that
the participating school administrative units owed to their employees, including but
not limited to those obligations and duties arising under federal law, state law,
collective bargaining agreements and individual employment contracts. It is the intent
of this chapter to neither decrease nor increase the rights and benefits of transferred
employees or the employer. The regional school unit shall also maintain and honor
any agreements, contracts or policies regarding the rights and benefits of retirees
and former employees created by a participating school administrative unit that is
dissolved as a result of its inclusion within a regional school unit.





A. Teachers or other employees whose employment terminates by application of law or contract
or by action of a participating school administrative unit before the date in subsection
1 may not be transferred. [2007, c. 240, Pt. XXXX, §13 (NEW).]










B. Teachers and other employees who are transferred to the regional school unit prior
to the completion of the applicable probationary period for their position have the
length of their probationary period calculated from the date of their most recent
date of employment by the participating school administrative unit. [2007, c. 240, Pt. XXXX, §13 (NEW).]







[
2007, c. 240, Pt. XXXX, §13 (NEW)
.]








5. Superintendent contracts.  
The contracts between the superintendents and school administrative units within the
regional school unit are transferred on the date established pursuant to subsection
1 to the regional school unit board of directors. The regional school unit board
of directors shall determine the superintendents' duties within the regional school
unit.


[
2007, c. 240, Pt. XXXX, §13 (NEW)
.]





SECTION HISTORY

2007, c. 240, Pt. XXXX, §13 (NEW).