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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT RELATIVE TO THE SCHOOL BUILDING ASSISTANCE PROGRAM.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


Notwithstanding any general or special law to the contrary, if the town of Pembroke withdraws from the Silver Lake Regional School District, said town and district shall be eligible for the reimbursement percentage rate from the commonwealth for any school building projects resulting from the withdrawal of said town from said district at the reimbursement percentage rate which was in effect, before the effective date of chapter 159 of the acts of 2000, as set forth in chapter 645 of the acts of 1948; provided, however, that said town and district shall not be so eligible for the reimbursement percentage rate if the withdrawal of the town is so approved after June 30, 2001. The reimbursement percentage rate shall not remain in effect for any school building projects approved by the department of education pursuant to chapter 70B of the General Laws after January 1, 2005 or for any school buildings which are unrelated to the withdrawal of said town from said district if approved by said department before said date. This section shall not preclude the town nor the district from separately opting out of this section.

The district may sell and convey any or all interest in the 2 school buildings owned by the district in the town of Pembroke to the town upon its withdrawal from said district in accordance with the terms of the Silver Lake Regional School District Agreement. The town shall be eligible for the reimbursement percentage rate in effect before the effective date of said chapter 159 for the costs of the purchase and conveyance at a price not to exceed their appraised value as determined by an independent appraisal which shall be subject to the review and approval of the inspector general, less any amounts the town receives from the sale of its interest in any other regional school district buildings. The review shall include an examination of the methodology used for the appraisal. The inspector general shall prepare a report of his review and file the report with the commissioner of education, the house and senate committees on ways and means and the joint committee on state administration.

The town and the district shall be eligible for the reimbursement percentage rate in effect before the effective date of said chapter 159 for any renovation or construction costs incurred to provide educationally sound facilities for students in the new Pembroke school system or remaining in the regional school district comprised of Halifax, Kingston and Plympton. The monies paid by said town to the district for the purchase of the 2 school buildings shall be used by the district for the costs of the renovation and construction. The district's expenditure of monies for such purposes shall not be eligible for reimbursement from the commonwealth pursuant to said chapter 70B. Except for the reimbursement percentage as provided in section 10 of said chapter 70B, all other provisions of said chapter 70B shall apply to the application of said town and district for school building assistance from the commonwealth.

Approved April 24, 2001.