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An act relative to the Essex North Shore Agricultural and Technical School

Senate, No. 2 3 35

[Senate, March 22 , 20 10 - New d raft of Senate, No . 211 reported from the committee on Education .]

 

The Commonwealth of Massachusetts

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IN THE YEAR OF TWO THOUSAND AND TEN

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A n A ct RELATIVE TO THE ESSEX NORTH SHORE AGRICULTURAL AND TECHNICAL SCHOOL .

 

Be it enacted by the Senate and House of Representatives in General Court assembled,

      And by the authority of the same, as follows:


              SECTION 1. Section 3 of Chapter 463 of the Acts of 2004 is hereby amended in the second paragraph by striking out the second sentence and in inserting in place thereof the following: -    The North Shore vocational regional school and the Essex agricultural and technical high school shall be dissolved and cease to exist on the July 1 preceding the opening of the Essex North Shore agricultural and technical school.  The temporary oversight board, shall be dissolved and cease to exist upon convening of the new school committee as established pursuant to Section 7 of Chapter 463 of the Acts of 2004.

SECTION 2.               Section 4 of Chapter 463 of the Acts of 2004 is hereby amended by striking out the text and inserting in place thereof the following: -

              Any city or town which is a member of the North Shore Vocational Regional School District, or the city of Peabody may elect to become a member municipality of the district by vote of the city council or town meeting taken prior to July 1, 2010.  A certified copy of the vote shall be sent by the city or town clerk to the commissioner.  Upon the election by cities and towns representing at least 75 per cent of the October 1, 2004, foundation enrollment of the North Shore Vocational Regional School District, the commissioner shall certify the local adoption of this chapter to the secretary of the commonwealth.  Additional elections may be made by any city or town subsequent to the date of certification, but before July 1, 2010.  On or after July 1, 2010, the admission of additional member municipalities shall be governed by the district’s by-laws.

SECTION 3.               Section 7 of Chapter 463 of the Acts of 2004 is hereby amended by in the second paragraph by striking out the first sentence and inserting in place thereof the following: -   Upon certification of the vote the commissioner or his designee shall fix the time and location of the initial meeting of the school committee as soon as practicable and shall preside at such meeting until the election of a chairperson. ” 

SECTION 4.               Section 14 of Chapter 463 of the Acts of 2004 is hereby amended by striking out the second sentence and inserting in place thereof the following: -

              Employees of the Essex agricultural and technical high school, employees of the North Shore Vocational Regional School District, and all displaced employees of Peabody school district who shall become employees of the Essex North Shore agricultural and technical school as a result of the merger shall suffer no impairment of employment rights held immediately before that date.

SECTION 5.               Section 15 of Chapter 463 of the Acts of 2004 as most recently amended by Section 13 of Chapter 304 of the Acts of 2008 is hereby further amended by striking last sentence and inserting in place the following sentence: -   “Any remaining proceeds shall be used to reduce any incurred indebtedness of all members of the Essex North Shore Agricultural and T echnical School District as established under Section 4 of Chapter 463 of the Acts of 2004.

SECTION 6 .                 Section 1A of chapter 70B of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the word “treasurer” in line 47 the following words:— ; provided, however, that nothing in said chapter 268A shall be construed to prevent: (1) a special state employee who is providing professional services to the authority from receiving, benefiting from, or participating directly or indirectly in payments by any city, town or regional school district under a contract funded by the authority to provide services to said city, town or regional school district relative to a school project, after disclosure of the relevant facts and financial interests to the executive director and the state ethics commission and with the written approval of said executive director; (2) a former special state employee who has provided professional services to the authority from acting as agent or attorney for or accepting compensation from a city, town or regional school district under a contract for professional services assigned by the authority to a city, town or regional school district; or (3) a current or former municipal employee, having participated as such municipal employee in a school building project, from providing any professional services for compensation to the authority in connection with such project, after disclosure to the authority and to his current or former municipal appointing official of the nature and extent of such participation and how it may relate to the services provided to the authority.

SECTION 7 .  Section 18 of Chapter 463 of the Acts of 2004 is hereby amended by striking out the text and inserting in place thereof the following: -

              Sections 1, 12 and 14 shall take effect July 1 preceding the opening of the Essex North Shore agricultural and technical school.  Sections 6, 7, 8, 9, 10, 11, 13, 15, 16 and 17, inclusive, shall take effect following certification by the commissioner of education of the votes required by section 4.  This certification by the commissioner shall occur not later than July 1, 2010.  

SECTION 8.   This act shall take effect upon its passage. 

 

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