# Opposition Brief — Regional High School District No. 5 v. Baker

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## Record

- **Collection:** Supreme Court brief
- **Document type:** Opposition Brief
- **Published:** January 1, 1975
- **Citation:** 423 U.S. 995

## Text

Sepreme Ut S.
LIBRARY. - iL ED |
@eRPeME COURT, U. &

IN THE

Supreme Court of the United States
OCTOBER TERM, 1975

Docket No. 75—496

REGIONAL HIGH SCHOOL DISTRICT NO. 5, RE-

GIONAL BOARD OF EDUCATION OF REGIONAL
HIGH SCHOOL DISTRICT NO. 5, HENRY W. BENE-
DICT, as Treasurer of the Town of Bethany, JAMES
BERRY, as Treasurer of the Town of Woodbridge,
SIDNEY SVIRSKY, as Town Clerk of the Town of
Bethany, and JEAN HANNA, as Town Clerk of the
Town of Woodbridge,

Petitioners,
vs.

JOHN E. BAKER and GERALDINE S. GEORGE,
Respondents.

BRIEF IN OPPOSITION TO PETITION FOR A WRIT OF
CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE SECOND CIRCUIT

Raps G. Evxior

Counsel for Respondents
One American Row
Hartford, Connecticut 06103

a : eR eNO Fee MOE ee Cee
aA Kies CRRA SR anes

TABLE OF CONTENTS

PAGE
Questions Presented ............ a 8 Ws whee atthe 1
tort dc g,, SRAM EMRE Soins: 76) aria ote 2
remennae EMR GG 55a oo Ss dion ds cdc 2
te nt SE a Pe RIT SOON EE at EN 4
I. One Person-One Vote Applies To Regional
Boariia Of Mdwmention ois csc cod coccecncs.,
A. The Powers of The Board ................
B. Relevant Case Law ..........0.0cccccccc. 10
C. The Board Is Popularly Elected ........... 16
II. There Is Necessary Standing, Justiciability and
PN 5s TTeT ck rua lhn vee eka Oe 20
WN 2 UES ce Ficidnchn Gash neeuL ee 23
pean snes MOE CE EPPA ie Pie i nsdlg eo RAP ULM IE Faptien Al
Mp SE: as sal ainnsunr acs ae A20

TABLE oF AUTHORITIES Crrep

Cases:

Adams vy. School Board of Wyoming Valley West
School District, 332 F. Supp. 982 (M.D. Pa.;
ein! MRE PEE TER POPP ep PE) DRO oy Se 11,12

Associated Enterprises, Inc. v. Toltec Watershed
Improvement District, 410 U.S. 743 (1978) ..60c, 12

li TABLE OF AUTHORITIES

PAGE
Board of Education of Town of Ellington v. Town of

Ellington, 151 Conn. 1, 193 A. 2d 466 (1963) .... 9
Chargoris v. Vermilion Parish School Board, 348 F.

mame.. 060 (90.2. Et I9TR). 2... dieses seedes 12
Dameron v. Tangipahoa Parish Police Jury, 315 F.

RE MEE BOS SFOS. ov ccv ace cues vnnese 12
Delozier v. Tyrone Area School Board, 247 F. Supp.

A Sy ee rey er 11
Fahey v. Laxalt, 313 F. Supp. 417 (D. Nev.; 1970)... 11
Ferrara v. Philadelphia Laboratories, Inc., 272 F.

A Se AE Weck BOOED occa Venvaetecsdners 21
Freeman v. Dies, 307 F. Supp. 1028 (N.D. Tex.; 1969) 11
Gaffney v. Cummings, 412 U.S. 735 (1973) .......... 12

Hadley v. Junior College District of Metropolitan
Kansas City, 397 U.S. 50 (1970) ..10, 11, 12, 13,17, 19

Leopold v. Young, 340 F. Supp. 1014 (D. Vt.;

EEE Conca sethnvecy shots eunedacaeea’* vex 13, 14, 15
LoFrisco v. Schaffer, 341 F. Supp. 743 (D. Conn.;

1972), affirmed, 409 U.S. 972 (1972) .......... 13
Lucas v. Forty-fourth General Assembly of Colorado,

See. Sh BO CAE kk ves been dacauveececes caus 14, 16
Mahan v. Howell, 410 U.S. 315 (1973) ............. 12
Mayes v. Teague, 341 F. Supp. 254 (E.D. Tenn. N.D.;

ERED Sos te lab ekt ns bees acoso adasceheauas oi 12
Meyer v. Campbell, 152 N.W. 2d 617 (Iowa; 1967) .. 11
NAACP v. Button, 371 U.S. 415 (1963) ............ 22

Oliver v. Board of Education of the City of New York,
306 F. Supp. 1286 (S.D.N.Y.; 1969) ........... 11

TABLE OF AUTHORITIES ili
PAGE
Panior vy. Iberville Parish School Board, 498 F. 2d
EU INE oh ar i gc 12
Powers v. Maine School Administrative District No.
1, 359 F. Supp. 30 (D. Me., N.D.; ee 15, 16
Regional High School District No. 3 v. Town of New-
town, 134 Conn. 613, 59 A. 2d 527 | Sees 6
Reynolds v. Sims, 377 U.S. 533 | aren gies eae are ila 18

Rosenthal v. Board of Education of Central High
School District No. 3, 497 F. 2d 726 (CA-2;1974) 13

Salyer Land Co. v. Tulare Water District, 410 U.S.

seg lhe cscs BOE IRATE aah sol 12
Stanley v. Southwestern Community College Merged
GOOD, TO es RO he vies 11
Strickland v. Burns, 256 F. Supp. 824 (M.D. Tenn.;
“cacy, SRT Sy PO Ee EY Te a an ae 11
Wheeler v. City and County of Denver, 229 U.S. 342
Sg EEE PROC? aS an RR Ee eg 20
Statutes:
Connecticut General Statutes (1958 Rev.)
RUM Reniaar an ckesad deen oars tte ek eos 2, 18, 19
hae Sp OTT Tera nan Lee OSM 2,19
hiram er SCT Ee Py One eee Maen ie ieee 8
eat 2. Ee et ah peleiced ak 2, 6
fake ints (ith ci oc, dashes Vomwc tes 14
Oe ey TI OAR Cee aeen ae 16
Be cand iv ios ven win dicaweetwnascn, on 6, 7

ARN MASE RENEE AIRLINE ED EAN RON 8 cece
iv TABLE OF AUTHORITIES
PAGE
6 OSE Fik.. cusinkds Su cee ane md been oe 3,8
Ee ree ere et gia yhe mera) a 8
SOE SLENGA oA oN CebRe es Ca Ra ee be hee eeaee 6, 7
A irae Py et ear PL tro pene Ir 7
OS SPREE. ok ck hetNS bik saia is 06 be cad tae cee 10
| Se en ee ny ke 8
Be ee Oe TO, Oe ovis 0k thacdices ian 2, 3, 14
Rules: ,

Supreme Court Rule 19(b) ..............ccceceees ae

IN THE

Supreme Court of the United States
OCTOBER TERM, 1975

‘Docket No. 75—496

7<
v

REGIONAL Hien Scnoot District No. 5, Reaionat Boarp oF
Epvucation oF RecionaL Hic Scxoon District No. 5,
Henry W. Benepict, as Treasurer of the Town of
Bethany, James Berry, as Treasurer of the Town of
Woodbridge, Srey Svirsxy, as Town Clerk of the Town
of Bethany, and Jean Hanna, as Town Clerk of the
Town of Woodbridge,

Petitioners,
vs.

Joun E. Baker and Geravprne S. Grorce,
Respondents.

7%
¥

BRIEF IN OPPOSITION TO PETITION FOR A WRIT OF
CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE SECOND CIRCUIT

Questions Presented

1. Whether the principle of one person—one vote ap-
plies to regional boards of education governing multi-town
regional school districts under Connecticut law, in the elec-
tions for which every elector of each constituent town is
eligible to vote.

2. Whether respondents—who are residents, taxpayers
and electors of the Town of Orange and are therefore en-

2

titled to vote for members of the regional board of educa-
tion and suffer dilution of their voting rights from mal-
apportionment—are deprived of standing to bring the in-
stant suit to vindicate their constitutional rights if they did
not themselves originally conceive the idea to institute this
suit and if their legal fees and expenses are being paid by
another.

Statutes Involved

In addition to the Fourteenth Amendment to the United
States Constitution, cited by petitioners, there is also in-
volved Connecticut General Statutes §{¢ 10-39 through 10-
63i which govern the creation and incidents of regional
school districts and boards in Connecticut and §§ 7-6 and
7-7, which deal with eligibility to vote at, and the conduct
of, the elections at which board members are elected. Both
of these sets of statutes are reproduced in Appendix I of
this brief.

Statement of the Case

In 1951 the Connecticut General Assembly adopted Pub-
lie Act No. 262, An Act Concerning Regional School Dis-
tricts, to govern the establishment and incidents of re-
gional school districts. The Act was approved on July
10, 1951, and by the terms of Section 28 thereof became
effective immediately. This Act, unamended, remained in
effect during 1952 and during all parts of 1953 relevant
to this case.

Pursuant to this statute the Towns of Bethany, Wood-
bridge and Orange established a temporary regional school
planning committee which on October 30, 1952 reported
a recommendation that, inter alia, a regional school district
for the three towns be established to build and administer
a high school for grades seven through twelve. Again
acting pursuant to 1951 Public Act No. 262, the three

eae

3

towns each held special elections—Woodbridge on Novem-
ber 4, 1952; Orange on December 20, 1952; and Bethany
on January 17, 1953—and approved creation of a regional
high school district.

Following the third and last of these statutorily-pre-
scribed elections, a joint meeting of the boards of educa-
tion of the three towns was held on January 29, 1953, again
pursuant to the procedures prescribed in 1951 Public Act
No. 262, to determine the size and apportionment of the
board of education to govern the regional high school
district. This meeting decided upon a nine member board,
with three members to be elected from Bethany, three from
Woodbridge, and three from Orange. Finally, again pur-
suant to the provisions of 1951 Public Act No. 262, the
State Board of Education approved the establishment of
what has ever since been known as Regional High School
District No. 5, the first-named petitioner herein. That
school district remains today governed by an elected board
of nine members, elected as set forth above.

The Town of Orange, with a population of 13,524, repre-
sents 54% of the population of the three-town petitioner
district. As admitted by the petitioner District, et al., in
their Amended Answer, the average daily membership
(ADM) of the District consisted in the 1972-73 school
year of an estimated 55.18% from Orange. Pursuant
to the requirements of Connecticut General Statutes § 10-
51, requiring each town to pay the same percentage of the
district’s budget as its percentage of the district’s ADM,
Orange in the school year 1973-74 paid 55% of the ex-
penses of the district.

The powers and duties of the petitioner board, as of all
regional boards of education, are defined by Chapter 164,
Part III of the Connecticut General Statutes, the present
codification of 1951 Public Act No. 262, as amended from
time to time. These statutes are set forth in Appendix I
of this brief, and are discussed and analyzed infra in the

4

Argument. Respondents—both of whom are residents,
taxpayers and electors of the Town of Orange—brought
this suit seeking a declaratory judgment that the present
apportionment plan for the petitioner board is unconsti-
tutional, an injunction requiring the petitioner board to
amend the plan so as to cure the unconstitutional defect,
and additional injunctive relief as to expenditures by the
petitioner district until the petitioner board is apportioned
in accordance with federal constitutional principles. Judg-
ment for the declaratory relief claimed was entered by the
trial court on January 8, 1975, and affirmed by the Court
of Appeals for the Second Circuit on July 23, 1975.

Thus, to summarize:

1. Respondents are residents, taxpayers and electors of
the Town of Orange.

2. The Town of Orange has 54% of the population of
the petitioner district.

3. The Town of Orange represents 55% of the ADM
of the petitioner district.

4. The Town of Orange pays 55% of the expenses of the
petitioner district.

5. The Town of Orange only elects 3314% of the mem-
bers of the petitioner board.

ARGUMENT

I. One Person-One Vote Applies to Regional Boards
of Education

In the first ground of their petition petitioners spiritedly
denigrate the powers and responsibilities of the regional
board, exalt the function of the district meeting beyond its
statutory limits and actual experience, seek to disparage
the electoral process by which board members are elected

5

—as they must be by state statute—and from this trinity
of attacks purport to find doubt as to the applicability of
one person-one vote to this board under existing deci-
sional law of this Court. It is the position of respondents,
as it has been the holding of the Court of Appeals and the
District Court, that the existing law on the subject enun-
ciated by this Court fully supports and requires applica-
tion to this board of education of the electoral principle of
one person-one vote; and that accordingly, petitioners
have failed to meet any of the criteria established by this
Court in Rule 19(b) of its Rules for determining whether
to grant a petition for writ of certiorari:

Where a court of appeals has rendered a decision in
conflict with the decision of another court of appeals
on the same matter; or has decided an important state
or territorial question in a way in conflict with appli-
cable state or territorial law; or has decided an im-
portant question of federal law which has not been,
but should be, settled by this court; or has decided a
federal question in a way in conflict with applicable
decisions of this court; or has so far departed from the
accepted and usual course of judicial proceedings, or
so far sanctioned such a departure by a lower court, as
to call for an exercise of this court’s power of super-
vision.

A. The Powers of the Board

We begin with an examination of the nature and powers
of regional boards of education, of which the petitioner
board is one, under Connecticut law; for, contrary to the
implication of petitioners’ petition, it is the powers the
board has, not those it lacks, which are of crucial impor-
tance in determining the applicability of the one person-
one vote principle.

Regional school districts are authorized, their creation
governed, their powers, duties and responsibilities pre-

6

scribed, and their incidents set forth exclusively in the
Connecticut General Statutes in what is now Chapter 164,
§§ 10-39 through 10-631 (See Appendix I). A regional
school district is a body politic and corporate. § 10-56. It
is a quasi-municipal corporation. Regional High School
District No. 3 v. Town of Newtown, 134 Conn. 613, 620, 59
A. 2d 527 (1948). Its powers include the power “to sue
and be sued; to purchase, receive, hold and convey real and
personal property for school purposes; and to build, equip,
purchase, rent, maintain or expand schools.” §10-56. The
district may also issue bonds upon the full faith and credit
of the district and its member towns, in the manner and
for the purposes prescribed by state statute. 4 10-56.

This quasi-municipal body politic and corporate is gov-
erned by a regional board of education, which by statute
must be elective and which, also by statute, has “all the
powers and duties conferred upon boards of education by
the general statutes...” §10-47. Like a town board of
education, a regional board of education is an agency of
the state. Regional High School District No. 3 v. Town of
Newtown, supra, at 617. Some of these powers are set
forth in § 10-47 itself, which states as follows:

Regional boards of education shall have all the
powers and duties conferred upon boards of education
by the general statutes not inconsistent with the pro-
visions of this part. Such boards may purchase, lease
or rent property for school purposes and, as part of
the purchase price may assume and agree to pay any
bonds or other capital indebtedness issued by a town
for any land and buildings so purchased; shali perform
all acts required to implement the plan of the com-
mittee for the transfer of property from the partici-
pating towns to the regional school district and may
build, add to or equip schools for the benefit of the
towns comprising the district. Such boards may re-
ceive gifts of real and personal property for the pur-

7

poses of the regional school districts. The regional
school district annual meeting shall be the district
meeting at which the annual budget is first presented
for adoption and shall be held the first Monday or the
first Tuesday in May. The boards may convene spe-
cial district meetings when they deem it necessary.
District meetings shall be warned and conducted in
the same manner as are town meetings. For such pur-
poses, the chairman of the board shall have the duties
of the board of selectmen and the secretary shall
have the duties of the town clerk.

In Appendix IT to this brief, we have provided a sum-
mary listing of the more significant powers of boards of
education which, under § 10-47, a regional board of educa-
tion would also necessarily possess.

Turning to the area of finance, the powers of the re-
gional board are awesome, partaking of powers which in
municipalities are divided among several boards. The dis-
trict, acting through its regional board of education, may
issue bonds after approval by referendum, just as munici-
pal legislative bodies do. The board may authorize bond
anticipation notes for periods of up to four years, pur-
suant to § 10-56(c), and is permitted to treat the proceeds
of these bonds or notes ‘‘in the same manner and to the
same extent as permitted school districts or municipalities
in chapter 112.’’ § 10-56(d). Pursuant to the provisions of
§ 10-60, the board may also borrow money for periods of
up to five years in addition to its power to issue bonds.

What is of particular significance in this catalogue of
the board’s bonding powers is the centrality of the board
in this process. For while—as is the case in all Connecti-
cut towns, whether for educational or other governmental
purposes—the bond ordinances themselves must be ap-
proved by the voters of the district in a referendum,
whether to propose a bond ordinance, for what purpose,

8

when, for how much, and in what form are all within the
sole and exclusive jurisdiction of the regional board. The
voters may ratify or disapprove; but what they ratify or
disapprove is whatever the board decides to present to
them.

In its budget-making powers, the board combines within
itself all of the powers which in other towns are divided
among the board of education, the board of selectmen, and
the board of finance (see, e.g., §§ 10-222 and 7-344). Under
§ 10-51 it and it alone drafts and presents to the annual dis-
trict meeting the budget for the next fiscal year. In dis-
tricts of four towns or more the board may decide the
method of voting at the annual meeting. If the meeting
rejects the budget, the board alone redrafts and re-presents
the budget for another vote. And when its budget is finally
approved, it is the board which fixes the assessment each
member town must pay. Payment of this sum may be com-
pelled by judicial process, § 10-51a. In addition, the board
is empowered to submit a supplementary budget if neces-
sary, § 10-50a.

Here, too, the significance of these powers must not be
permitted to pass without comment, for petitioners make
much in their brief of the budget-making process, and ap-
pear to be attempting thereby to deprecate the power of
the Board. To the contrary, however, what clearly emerges
from petitioners’ own discussion and trial court affidavits
is the very real power of the board. What becomes readily
apparent from petitioners’ own extended discussion is the
total control by the board over the content of whatever
budget the district meeting receives for its consideration.
The board alone has the exclusive power to initiate and to
propose. Unlike legislative bodies or town meetings, the
district meeting has only one power: to vote up or down
whatever budget the board chooses to present to it, without
amendment. If it chooses not to ratify a budget as pre-
sented, it sends it back to the board; and it is the board and

9

the board alone which decides whether to amend the budget
and how to amend it. The district meeting, then, has noth-
ing more than a veto power.

Yet another power of the board ought here to be men-
tioned in connection with the budgetary process, for it will
give some indication of the complete authority and control
over its finances—and hence, over the quality and content
of education available in the district—which the board
of education in Connecticut has. That power—most
clearly articulated in Board of Education of Town of
Ellington v. Town of Ellington, 151 Conn. 1, 193 A 2d.
466 (1963)—is the power, in the sole and unfettered dis-
cretion of the board, to spend its budget for any previ-
ously-stated purpose it chooses in whatever amount it
chooses, so long as it does not exceed the total amount
of the approved budget. Thus, as an example, the board
may present to the district meeting for ratification a
budget allocating $5,000 for band uniforms and $25,000
for physics laboratory supplies; and the district meeting
may ratify that budget; and yet the board may legiti-
mately proceed to expend $29,000 for band uniforms and
$1,000 for physics laboratory supplies, for under Connec-
ticut law that is its right and its power, exclusively. It
takes no fecundity of imagination to appreciate the truly
awesome power over the education of children this statu-
tory provision reposes in boards of education. It is doubt-
less this power which has in significant part accounted
for the long resistance to any proposal to permit appoint-
ment, rather than popular election by all voters in the
district, of board members.

And as far as the district meeting’s authority with re-
spect to collective bargaining agreements is concerned, here
again the agreement is negotiated by the board; and the
only opportunity a district meeting will have to pass upon
it arises if the chief executive officer of a constituent town

10

requests that a meeting be called. (General Statutes
§ 10-153d).

Thus, the regional school board exercises the general
management and control of all schools within its district.
It employs and dismisses teachers in those schools. It
makes contracts. It collects fees. It acquires property,
builds and operates schools. It supervises and disciplines
students. It alone drafts its own budget for consideration,
unfettered by any other boards; and after the budget has
been adopted, it and it alone assesses the mandatory con-
tributions of the constituent towns and decides how that
budget in fact will be spent.

B. Relevant Case Law

With this review of the nature and powers of the peti-
tioner Board, as a regional board of education, clearly in
mind, we turn to an examination of the relevant case law.
We believe it is clear beyond peradventure that the appli-
eability of the principle of one person-one vote to this
board is compelled by the decision of this Court in Hadley
v. Junior College District of Metropolitan Kansas City,
397 U.S. 50 (1970). There the Court held as follows (at
page 56):

We therefore hold today that as a general rule, when-
ever a state or local government decides to select per-
sons by popular election to perform governmental
functions, the Equal Protection Clause of the Four-
teenth Amendment requires that each qualified voter
must be given an equal opportunity to participate in
that election, and when members of an elected body are
chosen from separate districts, each district must be
established on a basis which will insure, as far as is
practicable, that equal numbers of voters can vote for
proportionally equal numbers of officials.

The Court also expressly rejected any artificial distinction
between elections for “legislative” officials and those for

11

‘“‘administrative” officers. It stated (again at page 56):

Education has traditionally been a vital governmental
function, and these trustees, whose election the State
has opened to all qualified voters, are governmental
officials in every relevant sense of that term.

A review of the powers and duties of a regional board
of educau on discloses its decisive impact on the people of
the districi, and clearly brings it within the intendment of
this Court in Hadley that the board members

perform important governmental functions within the
districts and . . . these powers are general enough and
have sufficient impact throughout the district to justify
the conclusion that [one man-one vote] should be ap-
plied here.

Id., at 53-54.

While Hadley has served as the touchstone for all post-
1970 decisions on application of one person-one vote to
boards of education, the clear trend of the courts had been
in that direction well before Hadley. In such cases as
Delozier v. Tyrone Area School Board, 247 F. Supp. 30
(W.D. Pa.; 1965); Strickland v. Burns, 256 F. Supp. 824
(M.D. Tenn.; 1966); Meyer v. Campbell, 152 N.W. 2d 617
(Lowa; 1967) ; followed in 1971 in Stanley v. Southwestern
Community College Merged Area, 184 N.W. 2d 29; Oliver
v. Board of Education of the City of New York, 306 F.
Supp. 1286 (S.D.N.Y.; 1969); and Freeman v. Dies, 307
F. Supp. 1028 (N.D. Tex.; 1969), both federal and state
courts found the principle applicable both to city and to
county-wide boards of education.

After Hadley was decided on February 25, 1970, the
lower courts kept rapid pace. The one person-one vote
principle was found constitutionally required for the elec-
tive school boards in Fahey v. Laxalt, 313 F. Supp. 417
(D. Nev.; 1970); Adams v. School Board of Wyoming Val-

ASAE ae tee!

12

ley West School District, 332 F. Supp. 982 (M.D. Pa.;
1970); Mayes v. Teague, 341 F. Supp. 254 (E.D. Tenn.
N.D.; 1972); Chargoris v. Vermilion Parish School Board,
348 F. Supp. 498 (W.D. La.; 1972) ; and Panior v. Iberville
Parish School Board, 498 F.. 2d 1232 (CA-5; 1974).

Nothing in the most recent Supreme Court apportion-
ment decisions, Salyer Land Co. v. Tulare Water District,
410 U.S. 719 (1973), and Associated Enterprises, Inc. v.
Toltec Watershed Improvement District, 410 U.S. 743
(1973), in any way diminishes the force of those decisions
or erodes the applicability of Hadley to school boards such
as those involved here; indeed the Court in Salyer ex-
pressly mentioned Hadley, and distinguished the “special
limited purpose” district having a “disproportionate effect
of its activities on landowners as a group” from the ambit
of Hadley’s holding. Id. And petitioners can find no com-
fort in Gaffney v. Cummings, 412 U.S. 735 (1973), or
Mahan v. Howell, 410 U.S. 315 (1973), either; for both of
those cases were based upon the acknowledged applicabil-
ity of one person-one vote, and dealt only with permissible
ranges of population deviation under that principle.

Indeed, it may be that the arguments of Hadley have
even greater force in the case at bar than they did for Mis-
souri’s junior college districts. For as the Court stated in
Dameron v. Tangipahoa Parish Police Jury, 315 F. Supp.
137, 1388 (E.D. La.; 1970), in applying one person-one
vote to the parish school board:

The only differences between the present case and the
one presented in Hadley make this an even stronger
case for reapportionment. The immediate importance
to the individual voter of having equal representation
on the board that runs the basic public school system
of the Parish is much more obvious than his concern
with the governance of the local junior college. The
elected local school board traditionally exercises gov-
ernmental authority over matters of utmost significance

13

to all the people within its jurisdiction. It does not
represent an experimental means of handling newly
instituted state administrative matters, as the dissent
in Hadley characterized the Missouri junior college
districts.

The Second Circuit Court of Appeals itself had previ-
ously recognized that boards of education, both district and
county, must if elective be apportioned on the basis of
one person-one vote. Rosenthal v. Board of Education of
Central High School District No. 3, 497 F. 2d 726, 729
(CA-2; 1974). And while the Connecticut courts have not
specifically passed upon the one person-one vote question
as it applies to schoul boards, our federal court, affirmed
by this Court, has at least tangentially held that principle
applicable in its opinion in LoFrisco v. Schaffer, 341 F.
Supp. 743, 747 (D. Conn.; 1972), affirmed, 409 U.S. 972
(1972). That case, dealing with the minority representa-
tion statute in the context of the Wilton board of education
election, did not present for decision the one person-one
vote issue. However, the court freely discussed Hadley at
page 747, and concluded

The Fourteenth Amendment one man-one vote prin-
ciple clearly applies here.

All of these cases point the way clearly and unmistakably
to a finding that one person-one vote applies to regional
school boards in Connecticut and, more especially, to the
petitioner Board. Of even greater import, however, is the
fact that in two recent New England federal cases dealing
with regional school boards strikingly similar to the peti-
tioner Board and the other Connecticut regional school
boards, the courts have held precisely that.

Leopold v. Young, 340 F. Supp. 1014 (D. Vt.; 1972) in-
volved apportionment of the school board of a four-town
voluntarily-established high school district with popula-
tion disparities ranging from 16.9% to 35.5%, but with

14

each town having three members on the twelve-member
elected school board. Like the situation in the case at bar,
formation of the district under Vermont law required the
approval of the voters of each constituent town. Like the
situation in Connecticut, the apportionment of school board
members had to be agreed upon by the constituent towns.*
The court held in Leopold that one person-one vote applies
to the election of the regional high school board, a deci-
sion that it felt flowed ineluctably from this Court’s decision
in Hadley, supra. And it was of no moment to the court
in Leopold—as it was of no moment to this Court—that the
district was established voluntarily by the towns. For as
this Court held in Lucas v. Forty-fourth General Assembly
of Colorado, 377 U.S. 713, 736-737 (1964) :

An individual’s constitutionally protected right to
cast an equally weighted vote cannot be denied even
by a vote of a majority of a State’s electorate, if
the apportionment scheme adopted by the voters fails
to measure up to the requirements of the Equal Pro-
tection Clause. Manifestly, the fact that an appor-
tionment plan is adopted in a popular referendum is
insufficient to sustain its constitutionality or to induce
a court of equity to refuse to act. As stated by this
Court in West Virginia State Bd. of Educ. v. Barnette,
319 U.S. 624, 638 [63 S. Ct. 1178, 1185, 87 L.Ed. 1628],
‘‘One’s right to life, liberty, property . . . and other
fundamental rights may not be submitted to vote; they
depend on the outcome of no elections.’’ A citizen’s
constitutional rights can hardly be infringed simply
because a majority of the people choose that it be.

* Under the 1951 statutes the apportionment in Connecticut was
determined by majority vote of a joint meeting of the constituent
towns’ school boards after the district had been established. 1951
Publie Act No. 262, §9. Under existing Connecticut law, board
apportionment is one of the matters comprising the report of the
temporary regional school study committee, and is voted upon by
the proposed constituent towns as part of the referendum item as
to establishment of the district. General Statutes § 10-43.

15

We hold that the fact that a challenged legislative
apportionment plan was approved by the electorate
is without federal constitutional significance, if the
scheme adopted fails to satisfy the basic requirements
of the Equal Protection Clause... .

In reaching its decision, the Court in Leopold reasoned
persuasively as follows:

Since school boards of union school districts perform
governmental functions and since those Shelburne and
Williston residents who desire full representation on
the District school board cannot be deprived of their
right to an equal voice in the operation of the District,
there can be no constitutionally permissible justifica-
tion for the malapportionment of the Champlain Val-
ley Union High School District. It may be true that
equal representation of the four towns constituting the
District induced the smaller towns to participate in
the District in the first instance, and may serve some
useful purposes. Nevertheless, the Supreme Court
cases require that legitimate town interests be safe-
guarded in some way other than impingement on con-
stitutionally protected rights by way of gross mal-
apportionment. Moreover, these legitimate interests
may to some extent be reflected when the “one man-
one vote” principle is applied in particular cases, since
the Supreme Court has only recently taken the view
“that the particular circumstances and need of a local
community as a whole may sometimes justify de-
partures from strict equality.” Abate v. Mundt, 403
U.S. 182, 185, 91 S. Ct. 1904, 1907, 29 L.Ed. 2d 399
(1971). Here, however, there should be little problem
since the proportions involved bear such a clear ratio
to one another.

A similar situation prevailed in Powers v. Maine School
Administrative District No. 1, 359 F. Supp. 30 (D. Me.

16

N.D.; 1973). This case involved apportionment of the
school board of a five-town voluntarily-established school
district. In Powers the total population of the district
was 14,414; the population of the largest constituent town
was 11,452; the school board consisted of 17 members;
and the largest town was entitled to only 9 members.
Here again, Maine law required the approval of the voters
of each constituent town for establishment of the district,
including the apportionment on the regional board (in
Maine, called the “board of directors”). The Court, again
citing Lucas, rejected the contention that the voluntary
creation of the district exempted its apportionment from
the requirements of one person-one vote, and held that
one person-one vote applied.

C. The Board Is Popularly Elected

Petitioners then attempt to persuade this Court that the
board is not elective in the sense this Court intended for
application of the one person-one vote principle, because
there is no requirement that the election involved be sur-
rounded by the familiar panoply of “primaries, absentee
ballots, polls open for a period of time, voting machines
or paper ballots, and formal procedures for canvassing
election results” (Petition, page 13). While—in the face
of General Statutes § 10-46, requiring regional boards to
be elective—they cannot and do not claim these boards are
not elective, they claim that because their members are
chosen at town meeting elections rather than general elec-
tions such as usually fall on the first Tuesday after the
first Monday in November, they are not chosen at “popular
elections” which, they claim, are the only sorts of elections
to which this Court intended the one person-one vote prin-
ciple to apply.

In this regard, this Court has spoken clearly:

This Court has consistently held in a long series of
cases, that in situations involving elections, the States
are required to insure that each person’s vote counts as

17

much, insofar as it is practicable, as any other per-
son’s. We have applied this principle in congressional
elections, state legislative elections, and local elections.
The consistent theme of those decisions is that the
right to vote in an election is protected by the United
States Constitution against dilution or debasement.
While the particular offices involved in these cases
have varied, in each case a constant factor is the deci-
sion of the government to have citizens participate in-
dividually by ballot in the selection of certain people
who carry out governmental functions. Thus in the
case now before us, while the office of junior college
trustee differs in certain respects from those offices
considered in prior cases, it is exactly the same in
the one crucial factor—these officials are elected by
popular vote.

When a court is asked to decide whether a State is
required by the Constitution to give each qualified
voter the same power in an election open to all, there
is no discernible, valid reason why constitutional dis-
tinctions should be drawn on the basis of the purpose
of the election. If one person’s vote is given less weight
through unequal apportionment, his right to equal vot-
ing participation is impaired just as much when he
votes for a school board member as when he votes for
a state legislator. While there are differences in the
powers of different officials, the crucial consideration
is the right of each qualified voter to participate on an
equal footing in the election process. It should be re-
membered that in cases like this one we are asked by
voters to insure that they are given equal treatment,
and from their perspective the harm from unequal
treatment is the same in any election, regardless of the |
officials selected.

Hadley, at 54-55

What is a “town meeting’”’ under Connecticut law, that
petitioners should seek to withdraw from it the application
of one person-one vote apportionment principles? J udge

ELAINE TL Le A LDN LE RE TEA CT EIT I ETI TN BET

18

Swift, writing in 1795, some 23 years before adoption of
Connecticut’s first Constitution of 1818 and cited by peti-
tioners in their petition as authority on the subject, called
it, “an epitome of a pure, unmixed, democracy’’. (Petition,
at 12, n. 8). How incongruous must it be, then, that peti-
tioners seek to penalize the exercise of this act of pure
democracy—election of public school officials—by with-
holding from its participants the protection of “one
person-one vote’’ apportionment. Petitioners seek to
distinguish between “pure democracy” situations such as
elections at town meetings, where they say the principle
does not apply, and “the institution of representative gov-
ernment” to which they claim it does (Petition, page 13).
What they confuse or ignore—it is not clear which—is that
the principle of one person-one vote is applied to the ap-
portionment of bodies of representatives chosen at demo-
cratic elections. The occasion for application of the
principle is the election; the representative body is the
entity to be apportioned. (Indeed, petitioners miscite
Reynolds v. Sims, 377 U.S. 533, 562, as stating that it is
“the institution of representative government, not pure
democracy, that is the bedrock from which the one per-
son-one vote principle springs.” Petition, p. 13. What
Reynolds said was that “the right to elect legislators in a
free and unimpaired fashion is a bedrock of our political
system.” (emphasis supplied).)

In point of fact, under General Statutes § 7-6 (see Ap-
pendix I) both regular and special town elections in Con-
necticut are also “‘town meetings” under the statutes; and
that very § 7-6 is itself part of Chapter 90 of the General
Statutes, which forms the basis of one of the two alter-
native methods of electing board members under § 10-46(b).
It is therefore anomalous that, while petitioners presum-
ably would not deny the applicability of one person-one
vote to boards chosen at regular or special town elections
that were by statute also “town .-etings’’, they would
deny that protection for boards chosen at “town meetings’”’

19

which did not happen also to be regular or special town
elections.

Finally, cutting to the heart of the matter, the simple
fact of the matter is that under § 7-6 in the elections held
in Orange, ir “Bethany, and in Woodbridge for regional
board of education members ‘‘any person who is an elec-
tor” of the town is eligible to vote, just as he or she is for
President, Governor, Congress, the General Assembly, or
local selectmen. And, as petitioners point out in their Peti-
tion (page 13, n. 10) § 7-7 provides that when petitioned for
‘by 200 persons 24 hours before the meeting, voting ma-
chines or paper ballots may be used at the regional board
election and the polls may be open from 6 a.m. to 8 p.m. in
each town, just as they are for elections of the President,
Governor, Congress, the General Assembly, or local select-
men. (And if no such petition is filed, the vote at the Town
meeting is conducted by paper ballot under 4-7-6, if the
meeting so decides.) Thus, to the extent the voters want it,
petitioners are assured their trappings of “polls open for
a period of time, voting machines or paper ballots, and
formal procedures for canvassing election results.”

Petitioners can point to no case law, no statute, and
no logic to support their theory that the Constitution
limits application of one person-one vote to bodies elected
only in elections with certain automatic statutorily-created
trappings such as primaries and absentee ballots. If an
election such as is provided in 4 7-6—where every elector
in the town is eligible to participate individually in the
voting, and by voting machine or paper ballot in a 14-hour
election if desired—is not the sort of election to which
this Court was referring in Hadley, its predecessors and
its progeny, then, we submit, it would be next to im-
possible to conceive of such an election. The petitioner
board is elected at a “popular election”—an election in
which all electors may participate individually—and the
board must therefore be apportioned on the basis of one
person-one vote.

20

II. There Is Necessary Standing, Justiciability, and
Jurisdiction

At length, petitioners fall back upon a theory that unless
respondents (plaintiffs below) can demonstrate that the
original idea of instituting this suit was theirs alone and
that they alone are bearing all of the costs of legal fees
and disbursements incident to its prosecution, respond-
ents are not proper parties, although it is undisputed
that they both are residents, electors and taxpayers of the
Town of Orange and it is their voting rights that are
being affected and diluted by the existing malapportion-
ment of the board. Petitioners claim this question has
never been decided by this Court. But it has been; and
that decision has been consistently followed by the lower
courts ever since.

In Wheeler v. City and County of Denver, 229 U.S. 342
(1913), this Court expressly held that the mere fact that
a plaintiff was solicited to bring the suit in question—
which it had a right to bring—and was indemnified against
liability for costs and fees was not enough in itself in
the absence of any illegal purpose to make the case col-
lusive so as to deprive the court of jurisdiction. That
holding has recently been followed again in the Second
Circuit where the District Court, whose opinion the Court
of Appeals adopted in affirming, stated:

To support a charge that the plaintiff has been im-
properly or collusively made a party to a diversity
action, the defendant may be able to show that there
are others, lacking the citizenship necessary to juris-
diction, who have an equal or greater interest than
the plaintiff in the outcome of the suit brought in his
name. It may further appear that such persons sought
out the plaintiff to urge him to bring suit in federal
court and agreed to indemnify him against all costs

eT

21

and expenses of that litigation, Where the plaintiff
himself held an interest in the subject matter of the
proposed litigation prior to such solicitation and
agreement, and hence would have been entitled at
that time to bring his own suit, it has been held that
these circumstances, without more, are insufficient to
make out collusion. Wheeler v, City & County of
Denver, 229 U.S. 342, 33 S. Ct, 842, 57 L.Ed, 1219
(1913) ; Allstate Ins. Co. v. Lumbermens Mut. Cas. Co.,
204 F. Supp, 83 (D. Conn. 1962) ; First Congregational
Church and Soc. of Burlington, Iowa v. Evangelical
and Reformed Church, 160 F. Supp. 651 (S.D.N.Y.
1958).

Ferrara v. Philadelphia Laboratories, Inc., 272 F. Supp.
1000, 1012-1013 (D. Vt.; 1967), affirmed by the Court per
curiam for reasons stated in the trial court’s opinion
393 F. 2d 934 (CA-2; 1968).

Petitioners, to their credit, do not attempt to mask
their real purpose in raising this novel argument as to
parties. They note (Petition pages 13-14) that the Town
of Orange itself could not institute the suit at bar, since
it is not an elector being deprived of a constitutional
right. They also seriously question whether the Town
could institute such a suit in a representative capacity.
The obvious purpose of their argument is to prevent any
resident and elector of the Town from bringing this suit
and changing the apportionment of the board unless he
or she can afford the legal fees and printing costs for
briefs and other legal expenses incident to such a suit
and, it would appear, unless the very idea of bringing
such a suit sprang solely from respondent’s own mind,
and was not suggested, inspired, or solicited by anyone
else. Petitioners would thus limit standing to the wealthy
and legally sophisticated.

If petitioners’ theory of law be true—that encourage-
ment of and paying the legal expenses for and assisting

22

in the prosecution of a suit makes an entity the “real
party in interest” and the named individual plaintiffs
merely collusively-made agents, nominees or pawns—
then, presumably, petitioners will have effectively sounded
the death knell for such pioneering organizations as the
NAACP Legal Defense Fund, the ACLU, the Lawyers’
Committee on Human Rights, Sierra Club, Common
Cause—not to mention the two major political parties
in reapportionment suits—which, by providing legal and
financial assistance and by encouraging individuals to
seek judicial redress for infringements of their constitu-
tional rights, have brought about some of the landmark
decisions in constitutional law in this country. One had
thought such an argument had long since been laid to
rest. See NAACP v. Button, 371 U.S. 415 (1963).

There can be no doubt in the case at bar that respond-
ents Baker and George held their constitutional rights
to one person-one vote before any contact from the
Town of Orange, and that they would have been entitled
to bring this suit without any contact with the Town.

Finally, to allay petitioners’ last lingering doubts as
to the sincerity of respondents’ interest in vindication of
their constitutional rights, it might be noted that both
respondents on deposition testified that they wrote counsel
requesting and authorizing this suit to be brought in
their names and that both respondents, despite petitioners’
solicitous probing as to their true desires and intent,
affirmed on deposition their long-standing and continuing
support of one person-one vote as the principle for
election of their regional school board, and have stead-
fastly remained in the case as the plaintiffs despite peti-
tioners’ implied invitation that they withdraw.

Thus, there can be no doubt that Mr. Baker and Mrs.
George are the real parties in interest, and that they are
properly before this Court.

23

Conclusion

In light of the clear lessons of American history during
the last two decades, it is difficult to believe that anyone
in 1975 seriously contends that boards of education do not
perform sufficiently “important governmental functions”
so as to be subject to apportionment on the basis of one
person-one vote. The powers the petitioner regional
board of education has—as shown by the Connecticut
statutes in Appendices I and II and case law—and the
fact that the board is elected at elections in which every
elector of each town may participate clearly require that
that principle be applied in apportioning membership on
the petitioner board, and that these respondents—as resi-
dents, taxpayers and electors of the Town of Orange—
properly brought the instant suit.

As petitioners themselves note, the Connecticut legisla-
ture has enacted a statute providing for the application
of one person-one vote principles to the election of re-
gional boards of education. This it has done as a result
of the judgment in the instant suit. All that delays its
immediate implementation is a final determination of the
case at bar in favor of respondents.

The petition for writ of certiorari should be denied.’
Respectfully submitted,

Raupx G. E.ior
Counsel for Respondents

1 Decided with the instant case both in the District Court and in
the Court of Appeals was Scott v. Nonnewaug Regional School
District No. 14, which seeks reapportionment of the regional board
of education of District No. 14, comprising the towns of Woodbury
and Bethlehem, Connecticut. The Scott defendants are also plan-
ning to petition for a writ of certiorari.

Counsel for respondents in Baker served as counsel in both
courts below for the Town of New Hartford as amicus curiae in
Scott, urging reapportionment. While it is not clear whether the
Town of New Hartford will be filing any objection in Scott similar
to the instant brief, it is submitted that the same objections as here-
inabove set forth apply with equal force in Scott, and that the
companion petition should be denied as well.

APPENDIX I

PART IlI*
REGIONAL SCHOOLS

Sec. 10-39. Temporary regional school study committee. (a) Two or more
towns may establish a regional school district in accordance with the provisions
of this part and the regulations promulgated thereunder. The state board of
education shall promulgate regulations setting standards to govern the formation
of regional school districts with respect to the minimum and maximum
enrolment, the geographical limitations and other such factors which bear on
the achievement of more efficient administration of a school district and
efficacious education of the pupils therein. (b) Two or more town or regional
school districts may, by vote of their legislative bodies, join in the establishment
of a temporary regional school study committee, hereafter referred to as tlc
committee, to study the advisability of establishing a regional school district,
and report to the respective towns in accordance with section 16-43, In perform-
ing its duties, such committee may employ an architect to assist in estimating
the cost of providing school facilities, an appraiser to establish the value of
assets of cach participating school district and such other professional consul-
tants or personnel as inay be necded, provided the committee shall not incur
Obligations which cacced the monies received pursuant to section 10-42. The
committce shall continue until dissolved pursuant to section 10-43 but no lonver
than two years from the date of its organization unless the Iegislative bodies

—- -——-

*Pavnnll mercly tespayer ard sore in area affected bas ne star bing to bring ection for declaratory judgment concerning validity
of estadlichment of regronal school diunet yoder this chapter 157C. 1,

A Ps

Appendiz I

412 EDUCATION AND CULTURE Title 10

of the participating towns vote to extend the life of the committee for a period
not to exceed two years. (c) Two or more boards of education may conduct
a preliminary study of the advisability of establishing a regional school district,
and if their findings are affirmative. such boards of cducation, except as pro-
vided below, shall submit a written repori to the chief executive officer in each
town served by such boards. Within thirty days of the receipt of the report,
such officer shall call a mecting of the legislative body of the town which shail
consider the report and voie on the question of establishing a temporary regiona’
school study committee pursuant to sul section (b) of this section. In the case
of a regional board of education, such board shall call a meeting of the regional
school district for such purposes. (d) A fegional school district may participate
as a region in any study undertaken pursuant to subsection (b) or (c) of this
section, provided such study is for the purpose of establishing a regional school
district which may provide for the proposed district ail programs under the gen-
eral supervision and control of the state board of education. In the case of a
preliminary study, the regional board of education shall submit the writtes
report to a regional school district mecting called to consider the report and
vote on the question of joining in the establishment of a temporary regional
school study commitice pursuant to subsection (b) of this section. A regional
school district may vote to appoint five niembers to a temporary regional school
study committee at a regional school district mecting. Two of such members
shall be members of the regionil board of education. The towns which are
members of such regional school district shall be “participating” towns for the
purposes of notice, reports and icferenda under sections 10-41 to 10-43, inclu-
sive, and section 10-45, If a new regional school district is established by the
referenda, the board of education of the regional school district which partici
pated in the study shall be deemed a tuwn bourd of education for purposes
of section 10-46a. (¢) Any temporary regional school study committee extab-
lished before June 24, 1969, shall continue its study in accordance with the
procedures and mandates of this part, but shall nut be required to change ity
membership. The provisions of section 11)-42 shall apply.
(1951, 1959, 1995. S. 895d, 1969, PA. 098.5. 1)
Cued. 157.7.

Sec. 10-40. Appointment of committee members. The legislative body of cach
town joining in the establishment of such a committee shall appoint to such
committee five members at least two of whom shail be members of the board
of education of such town. The town clerk of cach town shali immediately give
notice of the appointments made to the state board of education. Within thiriy
days of receipt of the last of such notices, the state board of education shall
appoint a consultant to such committee. The consuliant shall cali the first mect-
ing of the study committee within ten days after his appointment.

(1951, 1953, 1955. S$ BOSS: 196), PA. 387, S. 1, February, 1965. PA. 411, S. 1, 1969. P.4. 698.5. 2.)

Cued. 141 C. 401.

Sec. 10-41. Officers and records of committee. The committee, at its first
mecting. shall clect from among its number a chairman, a secretary, a treasurer
who shall be bonded, and such other oflicers as the committee determines to
be necessary. Meetings of the cominitice shall be held at the call of the chairman
or at such times as the conimittee determines. A majority of the committec
shall constitute a quorum. The treasurer shall receive ail funds and monies of
the commitice, pay out the sume upon the order of the committee within the

tg At af

Appendix I

Ch. 164 EDUCATIONAL OPPORTUNITIES 413

limits of such receipts and keep detailed accounts thereof. The secretary of the
committce shall keep minutes of the meetings and file copies thercof with the
town clerk of each participating town.

(1951, 195), 1955, S 8965, 199, P A 98.S.3)

Sec. 10-42. Expenses of committee. The commitice may receive and disburse
for the purposes of the study monies f7om any source, including bequests, gifts
er contributions, made by any individual, corporation or association. Each parti-
cipating town shall pay a share of the expenses of the committee in an amount
which is in the same proportion to the total expenses as the number of pupils
used to compute the grant to such town pursuant to section 10-262 for the school
year next prior to that in which the committee is established bears to the total
number of such pupils in participating towns. The expenses of the commitiec
in the initial two-year period shall not exceed five dollars times the total number
of pupiis used in the above computation. An affirmative vote b* the legislative
body to join a temporary regional school study committee shall obligate the town
or regional school district to pay its share of the expenses of the commiticce.
The treasurer of the district shall pay to the committee upon demand of its
treasurer any portion of such share. Subject to the approval of the state board
of education, for the purpose of computing any state grant for school building
purposes under chapter 173, any part of such monies paid to an architect for
professional services shall be applied to the total cost of any school building
which may be constructed. An affirmative vote by the legislative body to extend
the life of the committee pursuant to section 10-39 shall obligate the town or
regional school district to pay its share of the additional expenses. The total
expenses of the committee for cach additional year shall not exceed onc-half
the limit set for the initial two-year period. Any unencumbered balance remain-
ing in the treasury of the committee at the time such commitice is dissolved
shall be returned by the treasurer to the participating districts in the same pro-
portion as their respective shares were paid to f .ance the expenses of the
committee

(1951, 1995, S 897d; 1969, PA. 698.5. 4)

Sec. 10-43. Reports to towns. Dissolution of committee. (4) The committee
shall at least semiannually, make progress reports to the participating towns and
the state board of education in such manner as the committee deems suitable.
Upon completion of its study, the committee shall present a written report of
its findings and recommendations to the state board of education end the town
clerk of each participating town. If the committee finds that establishment of
the proposed regional schoo! district is inadvisable, its report shall include such
findings and an explanation of the reasons for its conclusions. If the findings
of the committee support the feasibility and desirability of establishing a regional
school district, its report shall contain the findings of the com:nittce with respect
to the advisability of establishing a regional school district, the towns to be
Z included, the grade levels for which educational programs are to be provided.
i the facilities recommended. estimates of the cost of land and facilities, a

recommendation concerning the capital contribution of cach participating town
based on appraisals of existing land and facilities owned and used by cach town
for public elementary and secondary education which the committce recom-
mends be acquired for use by the proposed regional school district, together
; with a plan for the transfer of such land and facilities, a recommendation con-

' cerning the size of the board of education to serve the proposed regional school

POOR COPY

SUNS STIS ETE eS

te

; Sa

Appendix I

414 EDUCATION AND CULTURE Title 10

district and the representation of cach town thereon, and such cther matters
as the committee deems pertinent. The capital contribution of each participating
town shall be in the same proportion to the totat purchase price of the property
transferred as the number of pupils used to compute the eraat to such town
Pursuant to section 10-262 for the schoo! year preceding that in whicn the plan
is approved by the state board of education tears to the total number of such
pupils in the participating towns. () If the committee finds: (1) Establishment
of the proposed regivnal school district is inadvisable, the state board of edu-
cation shall, within thirty days of reevipt of such report, sead to the commitice
and the town clerk of cach participauing town a statement of its cgreement or
disagreement with the committee report dud the reasons therefor. The town
clerk shall make available cupics of the report and the statement and publish
notice thereof in a newspaper having general circulation in the tewn. Within
thirty days after receipt of the statement of the state beard of education, the
committce shall present the report and statement to the legislative body of cach
participating town at a pub'ic meeting called for ithe purpose of acting thereon.
The committee is dissolved upon presentation of its report to all participating
towns; (2) establishment of a regional school distiict is advisable, the state board
of education shall, within thirty days of the receipt of such report, determine
whether the proposed plan miccts the regulations under section 19-39 in effect
on the date the report was received and shall, accordingly, accept or reject the
recommendations of the committe. (i) If tie recominendations are rejeejed,
the state board of education shall advise the committee in writing of the reason
for rejection. The commitice may revise its recommendations and resubmit its
report within thirty days of receipt of notice of tne rejection and shall, in such
case, file a copy of the amended report with the town clerk of cach participating
town. If the committee does not submit an atieaded plan or if the cominuticc
submits an amended plan which is reiected by the state board of education,
the proposed regional schvol district stall not be established and the procedure
in subdivision (1) of this subsection shail apply. (ii) If the commiutice report is
accepted, the state board Cf education shall certify to the town clerk in eaca
of the participating towns that the conmrvnitice recommendations have been
approved and send a copy of such certilication to the committee. The town
clerk shall make available copies of the ceriilied teport and publish notice of
the certification and availability of copies in a newspaper having eeneral circu-
lation in the town. Within thirty days after receipt of its copy of the certifi-
cation, the committee shall hold a public meeting in cach participating town
to present the certified report. All participating towns shall hold a referendum
on the same day in accordance with section 10-45. Upon completion of such
referenda as may be held thereunder, the committee is dissolved.

(1951, 1955, S. 898d, 196), P_A. 387, S. 2; February, 1965, P.A. 411, S. 2; 909, P_A. 698. S. 5.)

Sec. 10-44. Disposition of committee records. Upon the dissolution of the
committee after a referendum establishing a regional school district. the persons
who served as secretary and treasurer of the conunittee shall transfer the orig-
inal official records of the committee to the secretary of the regional board of
education. Upon dissolution of the committee without the establishment of a
regional school district, suck persons shall ansfer such records to the state
board of education.

(1951, 1959, 1955, $. 8990; 1969, P_A. 698. S 6.)

See. 10-45. Referendum on establishment of regional districts. (a) Upon

Beis —* ert nha, ly Se EN RR a ORT Mea netg a nn era

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Appendix I

Ch. 164 EDUCATIONAL OPPORTUNITIES 415

receipt of a copy of the certificate of approval, the committee shall set the day
on which referenda shall be held simultaneously in each of the participating
fowns to determine whether a regional school district shall be established as
recominended. Such referenda shail be held between forty-five and ninety days
from the date of such approval. The committce shall immediately notify the
town clerk in each participating town of its decision. Upen receipt of such
notice, the town clerk shall file the notice required by section 9-269%a. The warn-
ing of such referenda shail be published, the vote taken and the results :hereof
canvassed and deciared in the same manner as is previded fur the election of
Officers of a town, except that absentee voting shall not be permitted in other
than a special or regular election. The town clerk of each Participating town
shall certify the results of the referendum to the state board of education. (b)
The vote on the question shall be taken by voting machine and the designation
of the question on the voting machine ballot label shall be “For establishing
a regional school district in accordance with the pian approved by the state
board of education on ....(date), YES ...."" and “Fur establishing a regional
school district in accordance with the plan approved by the state board of edu-
cation on ....(date), NO ...."" and the label used shall conform with the provi-
sions of section 9-250. If the majority of the votes in cach of the participating
towns is aflirmative, a regional school district composed of such towns is estab-
lished and shall be numbered ia accordance with the order of the incorporation
of the districts. (c) If the majority vote of one or more of such towns is negative,
-the committee shall determine the advisability of immediaicly submitiing tie
question to referendum a second time. If the committee so recommends. it shill
-Rotify the town clerk in each participating town of its decision. Within thirty
days aficr receipt of such notice, the legislative body of the town shail meet
to act upon the committee recommendation. If the legislative body in each of
the participating towns accepts the recommendation, a second referendum shill
be held in cach participating towns in accordancé with the provisions of this
section. If the majority of votes cast in each town is affirmative, the regional
school district is established and numbered accordingly.
(1949 Rev, S. 1375; 1951, 1953, 1955. S. 900d. 1953. S$ 919d, 1963, PA. 387. S. 3, February. 1965, PA. 411. S. 3, 190,
P.A. 698. S. 7.)

District held at least sde facto Any regularities were waldated by special act of legislature and no town has p-wer to withdraw
legislative autherty 134.C. 613. Cued. 157 C. 7. y
Cued. 20 CS 158.

Sec. 10-46. Regional board of education. (a) The affairs of the regional
school district shall be administered by a regional board of education, which
shall consist of not fewer than five nor more than nine members. Each inember
town shall elect at least one member. The committee report shall determine the
number of members of such regional board and the representation of each town.
The first members of such regional board of education shall be nominated and
elected at a meeting of the legishative body of cach town held within thirty days
after the referendum creating the district. The regional board of cducation at
Us first meeting, called by the secretary of the state board of education within
ten days from the time the last member town to appoint members to the regional
board has done so, shall organize and the members shall serve until their succes:
sors are elected and qualify. At such meeting, the buard shall detertmine the
term of office of cach member according to the following principles: (1) The
term of office of cach successor shall be four years; (2) to establish a continuity
of membership, a system of rotation shall be used: if the board has an even
number of menibers, one-half of such number shall be clected every two years

RRR SPS AE BcAin! tPA Se! Sain

Appendix I

416 EDUCATION AND CULIUKE Title 10

and if the board has an uneven number of members, no more than a bare major-
ity or a bare minority shall be elected cvery two years, except when the unex-
pired portion of the term of a vacated office must be filled; (3) the same system
of rotation shall be used for clection of the representatives of each member
town, if possible; (4) if necessary, it sha!l te determined by lot which of the
initial members shall serve the short terims; (5) at the first clection of members
in accordance with subsection (b) or (c) of this section, no more than half the
offices held by initial board members sha!l be filled; (6) the offices held by the
remaining initial board members shall be filed at the second clection he'd in
accordance with subsection (b) or (c) of this section. Thereafter, members of
the board shall be nominated and elected in their respective towns in accordance
with subsection (b) or (c) of this section as determined by the legislative body
of each town.

(b) At least thirty days before the expiration of the term of office of any
board member, a town miccting shall be licid in accordance with chapter 90 to
nominate and elect a successor. Any person who is an elector of such town
may vote at such meeting. If a vacancy occurs in. the office of any member
of the regional board of education, the town aifected, at a town mecting calicd
within thirty days from the beginning of such vacancy, shall nominate and clect
a successor to serve for the unexpired portion of the term in accordance with
the above procedure.

(c) Board members shall be nominated and clected in the same manner as
town officers in accordance with the provisions of title 9 cacept that (1) section
9-167a and parts II and [II of chapter 146 shall not apply and (2) the buard
members so elected shall take otfice the first day of the month following the
elections. If a vacancy occurs in the office of any member of the regional board
of education, the Ieyislative body of the town affected shall clect a successor
to serve until the next general election, at which time a successor shall be
elected to serve any unexpired portion of such teria.

(d) All members of a regional board of education shall take office on the’
first day of the month following their ciection. Such board shall hold an orpa-
nizational meeting in the month following the last election of members thereof
held in the member towns in any calendar year at which time the board shall
elect by ballot from its inembership a chairman, a secretary, a Weasurer and
any other officer deemed necessary and may annually thereafter elect such offi-
cers. In the case of a tie vote in the balloting for any officer, such tie shall
be broken by lot. The treasurer shall give bond to the regional board of edu-
cation in an amount determined by the members thercof. The cost of such bond
shall be borne by the district.

(1949 Res, S 13%; 1951, 1983. 1955, S. Wid, February, 1965, PA. 470; 1967, PA. 333. S. 1. 1969, PA. 698, S. 8. 1971.
PA #US 1)

Caed. 154 C 619.141 C. 401

Sec. 10-46a. Transfer of responsibility to regional board. The regional board
of education shall, after consultation with the towa boards of education in the
towns comprising the regional school district, determine the time and method
by which the responsibility of conducting the educational program shail be trans-
ferred to the regional board of education, provided such transfer shall be com-
pleied within two years of the date of the organizational meeting of the regional
board of education. When, in accordance with this section or section 10-47b,

EN MTC RI EE Ee me SOIT

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Appendix I

Ch. 164 EDUCATIONAL OPPORTUNITIES 417

a regional board of education assumes the responsibility for administration of
all programs which are provided in the member towns and are under the general
supervision and control of the state board of education, the town boards of
education are dissolved.

(1969, P._A. 698.59)

Sec. 10-47. Powers of regional board. Meetings. Regional boards of education
shall have all the powers and dutics conferred upon boards of education by
the gencral statutes not inconsistent with the provisions of this part. Such boards
may purchase, lease or rent property for school purposes and, as part of the
purchase price may assume and agree to pay any bonds or other capital
indebtedness issued by a town for any land and buildings so purchased; shall
perform all acts required to implement the plan of the committee for the transfer
of property from the participating towns to the regional school district and may
build, add to or equip schools for the benefit of the towns comprising the dis-
trict. Such buards may receive gifts of real and personal property for the pur-
poses of the regional school districts. The regional school district annual meeting
shall be the district meeting at which the annual budget is first presented for
adoption and shall be held the first Monday or the first Tuesday in May. The
boards may convene special district meetines when they deem it necessary.
District meetings shall be warned and conducted in the same manner as are
town meetings. For such purposes, the chairman of the board shall have the
duties of the board of selectmen and the secretary shall have the duties of the
town clerk.

« (1949 Rev.. S. 1377: 1951. 1953, 1955, $. 902d; November, 1955. S. NUIT; 1963. PA. 444, S. 1, 1967, PLA. 113. S. 1: 1968, ;
P.4. 68S. 10:P A 73539)
See Sec. 10-2412

Sec. 10-47a. Withdrawal of grades. Scction 10-472 is repealed.
(1963. PA. 444.5 2. 1969. P A 098.S. 27)

Sec. 10-47b. Addition or withdrawal of grades. (a) Except as provided in
subsection (b) of this section, any regional board of education in a school district
which docs not include all elementary and secondary school grades may recom.
‘mend a study of the advisability of the addition to or withdrawal of grades from
the regional school district or, upon the request of two or more of the town
boards of cducation of the member towns, shall recommend such a study to
the chairmen of the town boards of education and chairmen of the boards of
finance or other such fiscal authorities in cach town affected. Within thirty days
of receipt of such recommendation, such chairmen shall cach appoint one of
the members of their boards and the chairman of the regional board of education
shall appoint one member of the regional board from cach member town to
a study commitiee. The secretary of the state board of education shall appoint
a consultant to the study committee. The study committee shall proceed in the
same manner as the temporary regional school study committee except that the
expenses of the committee shall be borne by the regional school district and
shall not exceed three dollars times the number of pupils used to compute the
grants mace to such town and regional school districts pursuant to section 10-262
and the communittee shall submit its report to the participating towns no later
than one year from the date of its organizational meeting. If the committec
recommends a plan for addition to or withdrawal of grades from the regional
school district and the referenda held in the manner provided in section 10-45

HOSA OL se les Rear eR

PERE EO OEE

Bde ree ence cou rne rn iees oneen cn Umm AAT CERT ORG eee - Se

¢

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Appendix I

418 EDUCATION AND CULTURE Title 10

result in an affirmative vote in the regional school district as a whole, the parti-
Cipating towns shall implement the plan.

(b) The procedures in subsection (a) of secticn 10-47b shall not be used to
dissolve a regional school district, but may be used to empower the rerional
school district to administer all programs which are provided in the member
towns and are under the general supervision and control of the state board of
education. In such case, if the vote in each member town allirms the expansion,
the town boards of education in such member towns shall be dissolved in
accordance with section 10-46a. If the vote is not aflirmative in all the member
towns, but is affirinative in a majority of such towns, the towns voting in favor
of such expansion may initiate a study of the feasibility of establishing a regional
school district to administer all programs which are provided in such towns and
are under the general supervision and control of the state board of education.
Such study shall be initiated and conducted pursuant to sections 10-39 through
10-45. In such case, the study may be made forthwith without using the proce-
dures for withdrawal of a town or dissolution of a regional school district pro-
vided in sections 10-63a through 10-63c. If a second regional school district is
so established by referenda, the first regional school district shall be dissolved.
The state board of education shall make the relevant determinations required
by section 10-63c for such dissolution of an existing regional schoo! district.
The assets apportioned to the member towns of the new regional school district
may be transferred directly to said district. If secondary schools are among the
assets so transferred to the new regional district, said district shall accept apr !i-
cations from the remaining school districts for admission of secondary student,
for a tuition based on per pupil cost for a periud of at least three years alter
the dissolution. The state board of education may withhold from the next grant
paid pursuant to section 10-262 to the town or recional school districts so estab-
lished an amount equal to the proportionate share to be borne by each such
district of the cost of the services rendered by said state board during the dis-
solution of the regional school district.

(1969. PA. OR. S. 11, 1971. PA 679.5 2) ay

Sec. 10-47c. Amendment of plan. With the cxception of the terms which
pertain to the capital contribution of member towns, the transfer of property
to the regional school district, the grades included and the towns to be served
by the regional school district, the terms of the plan approved through referenda
pursuant to section 10-45 may be amended as follows: If a regional board of
education finds it advisable to amend the plan or if the legislative body of a
town served by the regional board of education requests amendment of such
plan, the regional board of education shali prepare a report on the proposed
amendment, including the question to be presented, file a copy with the state
board of education and ihe clerk of cach member town and make copics of
such report available to the public at a district meeting called to present the
plan. After such public hearing, the board shall set ihe date for referenda which
shall be hehd simultaneously in each member town between the hours of six
a.m. and eight p.m. At least thirty days before the date of the referenda. the
regional board of education shall noufy the town clerk in each member town
to call the referendum on the specilied date to vote on the specificd question.
The warning of such referenda shall be published, the vote taken and the results
thereof canvassed and declared in the samc manner as is provided for the elec-

tion of ollicers of a town, exccpt that absentee voting shall not be permitted

J. eee eer ae

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Appendix I

Ch. 164 EDUCATIONAL OPPORTUNITIES 419

in other than a special or regular clection. The town clerk of each town shall
certify the vote of his town to the regional board of cducation. If the majority
vote in cach town of the district is in favor of the proposed amendment to the
plan, such amendment shall take effect immediatcly.

(1969, PA. 698.5. 12)

Sec. 10-48. Relocation of site. Section 10-48 is repealed.

(1953. S. 93d, 1969, P.A 698. S$. 27)

Sec. 10-49. Site in town outside district. Section 10-49 is repealed.
(1953, S. 904d; 1969. P_A. 698. S. 27.)

Sec. 10-49a. Site in town outside district. Any school district may acquire
real property upon which to build a school in a town not within such school
district, provided such town approves such acquisition by referendum. Those
eligible to vote at town mectings under section 7-6 shall be cligible to vote on
such question. Any school district proposing to acquire such property shall so
notify the town clerk of the town in which such property is located, and such
town shall hold a referendum within sixty days after reccipt of such notice.
The school district giving such notice shall bear the cost of such referendum.

(1969, P.A. 698. S. 25.)

Sec. 10-50. Admission of adjacent town to district. Section 10-50 is repealed.
_ (1945 Rev., S. 1375, 1951, 1953, 1955, S$. 90Sd; 1953, $. 919d; February. 1965, P.A. 411, S. 4; 1969, P.A. 698, $8.27)

Sec. 10-51. Fiscal year. Budget. Payments by member towns. Investment of
funds. Temporary borrowing. (a) The fiscal year of a regional school district
shall be July first to June thirticth. Except as otherwise provided in this subsec-
ticn, not less than two wecks before the annual mecting held pursuant to section
10-47, the board shall hold a public district meeting to present a proposed budget
for the next fiscal year. Any person may recommend the inclusion or deletion
of expenditures at such time. After the public hearing. the board shall prepare
an annual budect for the neat fiscal year, make available on request copies
thereof and deliver a reasonable number to the town clerk of cach of the towns
in the district at least five days hefore the annual mecting. At the annual meeting
on the first Monday in May, the board shall present a budget which includes
a statement of (1) estimated receipts and expenditures for the next fiscal year,
(2) estimated receipts and expenditures for the current fiscal year, (3) estimated
surplus or deficit in operating funds at the end of the current fiscal year, (4)
bonded or other debt, (5) estimated per pupil expenditure for the current ard
for the next fiscal year and (6) such other information as is necessary in the
opinion of the board. Persons present and eligible to vote under section 7-6
may accept or reject the proposed budget except as provided bclow. No person
who is cligible to vote in more than one town in the regional school district
is eligible to cast more than one vote on any issue considered at a regicral
school district meeting or referendum held pursuant to this section. Any person
who violates this section by frauduicntly casting more than one vote or ballot
per issue shall be fined not less than three hundred dollars nor more than five
hundred dollars and shall be imprisoned noi icss than one year nor more thaa
two years and shall be disenfranchised. If the regional school district is com-
prised of four or more towns, the regionai board of education may, in the cail

A

q

2

Meteo

%

POHHLHD rrmpov

ee es
Appendiz I

420 EDUCATION AND CULTURE Title 10

to the meeting. designate that the vote on the motion to adopt the budget shill
be by paper ballots or by a “yes” or “no” vote on the voting machines in
cach of the member towns on the day foliowing the district meeting. Two hun-
dred or more persons qualified to vote in any regional district mecting called
to adopt a budget may petition the regional board, in writing, at least three days
prior to such mecting. requesting that any item or items on the call of such
meeting. be submitted to the persons qualificd to vote in the meeting for a vote
by paper ballot or on the voting machines in cach of the member towns on
the day following the district meetisg and in accordance with the appropriate
procedures provided in section 7-7. If a majority of such persons voting reject
the budget, the board shall, within two weeks thereafter and upon notice of
not less than one weck, call a district meeting to consider the same or an
amended budget. Such meetings shali be consened at such intervals until a
budget is approved. After the budget is approved, the board shall estimate the
share of the net expenses to be paid by cach member town in accordance with
subsection (b) of this section and notify the treasurer thereof. With respect to
adoption of a budget for the pericd from the organization of the board to the
beginning of the first full fiscal year. the board tnay use the above procedure
at any time within such period. If the board needs to submit a supplementary
budget, the general procedure specified in this section shall be used:

(b) For the purposes of this section, ‘‘net expenses’’ means estitnated
expenditures less estimated receipts as presented in a regional school district
budget. On the date or dates fixed by the board, cach town in the district shall
pay a share of the cost of capital outlay and current expenditures necessary
for the operation of the district. The board shall determine the amount to te
paid by each member town. Such amuunt shall bear the same ratio to the net
expenscs of the district as the number of pupils resident in such town in average
daily membership in the regional school district during the preceding school year
bears to the total number of such pupils in all the member towns. Until the
regional school district has been in operation for one year, such amounts shall
be based on the average daily membersinp of pupils in like grades from cach
of such towns at any school at which children were in attendance at the expense
of such towns during the preceding schvol year.

(c) The board shall deposit or invest temporarily any funds which are not
necded immediately for the operation of the school district in any manner per-
mitted school districts or municipalities in chapter 112. Any income derived
from such deposits or investments shall be used at least semiannually to reduce
the net expenses. The board shall use any budget appropriation which has not
been expended by the end of the fiscal year to reduce the net expenses of the
district for the following fiscal year. The board may borrow funds temporarily
in anticipation of payments to be made to it by a member town or the state,
for the operation of its schools,

(1949 Rew SINR, 1951, 1953. S Wes. 1969. PA. 698. S$. 13.1771. PA 69S 3.4)

Caed 141 C 201

See. 10-Sla. Petition to determine deficiency in town payment. If any town
which is a member of a recional school district fails to include in its annual
town budgect appropriations for any year tie amount necessary for paymen: of
its proportionate share of the annual budget of such regional school district,
as required by section i0-S1 or section $ of number 405 of the special acts of

2 z . ee ae % ee eee ee re ee ete Ente

Appendix I

Ch. 164 EDUCATIONAL OPPORTUNITIES 421

1959, ten or more taxable inhabitants of a town within such school district, a
majority of the board of selectmen of any such town. the attorney general, a
holder or owner of bonds or notes of such regional school district, the board
of education of such regional school district or tiie state board of education
may petition the superior court to determine the amount of the alleged defi-
ciency. If the court finds such deficiency to exist, it shall order such town,
through its treasurer, selectmen and assessor, to provide a sum of moncy equal
to such deficiency, together with a sum of money equal to twenty-five per cent
thereof. The amount of the deficiency shall be paid by the town to the regional
school district as soon as it is available; the additional sum of twenty-five per
cent shall be kept in a separate account by such town and shall be applied
toward payment of such town's share of the annua? budgct of the regional school
district in the following year. If such order is made prior to the fixing of the
annual tax rate of such town, such tax rate shall be adjusted to cover the sums
included in such order. If such order is made after the fixing of the annual tax
rate of such town, the sums inciuded in such order shall be provided by the
P town from any available cash surplus, from any contingent fund, from borrow-
ing. through a rate bill under the provisions of section 12-123 or from any
combination thereof. Any borrowing to meet such deficiency shall be made by
the town treasurer, with the approval of a majority of the sclectmen, and no
vote of the town shall be required therefor. Such borrowed amount shall be
included in the estimated expenses of the town in the tax levy for the neat
fiscal year. Petitions brought to the superior court under the provisions of this
section shall be privileged in respect to their assignment for hearing.

- (1961, PA. 14,8. 1) : j

Sec. 10-52. Adult education. A regional district may provide adult educatien
for the towns in the district in accordance with sections 10-67 io 19-79, inclusive,
and shall be cligible for reimbursements for adult education programs in accord-

-ance with sections 10-67 and 10-71. Any balance of the cost of suck adult cdu-
cation shall be prorated among and paid by the towns on the basis of the clock
hour pupil attendance from cach town. The regional board of education shall
charge tuition for any student from outside the regional school district who par-
ticipates in the adult education prograin.

(1951, 1955, S. 9074.)

Sec. 10-53. Application of education statutes. All provisions of the general
statutes relating to public education, including those providing state grants-in-
aid, shall apply to cach town belonging to a regienal school district, provided,
if the board of education of any regional school district provides transportation
to a regional school, such district shall be reimbursed by the state as provided
in section 10-S4. Any regional school district empowered to provide to the
member towns ull programs under the general supervision and control of the
state board of education shall receive each year in addition to the amount of
state aid under section 10-262 ten per cent of said amount.

(1951, S. 9ORd, 1967. P_A. 473. S. 1, 1969 PA. 698. S 14)

eR AER

Sce. 10-54. Transportation grants. Any town or regional school district

f which transports pupils to a regional school and any regional school district
which transports pupils attending any other school in licu of that provided by

such district in accordance with approval by the regional board of education

pursuant to section 10-55 shalt be reimbursed by the state for one-half the

POOR CCPY

Cr le

Appendix I

422 EDUCATION AND CULTURE Title 10

amount paid for such transportation. At the close of cach school year any
regional or town board of education which provides such transportation shall
file an application for such reimbursement on a form to be provided by the
state board of education. Payments shall be made as soon as possible alter the
close of cach fiscal year.

(1951, S. 90%, 1969, P_A. 698, S. 15.)

Sec. 10-5. Pupils to attend regional school. No pupil from any town belong-
ing to a regional school district shail, at the expense of such town, attend any
other school in licu of that provided by said district except a vocational school
approved by the state board of education, unless his attendance at such other
school is approved by the regional board of education.

(1949 Rew.,S 1380; 1951, $. 910d.)

Sec. 10-56. Corporate powers. Bond issues. (a) A regional school district
shall be a body politic and corporate with power to sue and be sued; to pur-
chase, reccive, hold and convey real and personal property for schoul purposes:
and to build, equip, purchase, rent, maintain or cxpand schools. Such district
may issue bonds in the name and upon the full faith and credit of such Gisirict
and the member towns to acquire land, prepare sites, purchase or erect buildings
and equip the same for school purposes, if so authorized by referendum. Such
referendum shall be conducted in accordance with the procedure provided in
section 10-47¢ except that any person entitled to vote under section 7-6 may
vote and the question shall be determined by the majority of those persons
voting in the regional school district as a whole. ‘The exercise of any or all of
the powers sci forth in this section shall not be construed to be an amendment
of a regional plan pursuant to said section 10-47c. A regional board of education
may expend any premium in connection with such issuc, interest on the pro-
ceeds of such issue or unused portion of such issuc to add to the land or build-
ings erected or purchased and for the purchasing and installing of equipment
for the same. Such bonds shall be denominated “Bonds of regional school dis-
trict number .... of the State of Connecticut.” Such bonds shall be serial bunds,
with coupons attached, and registerable as to principal and interest or as to
principal alone, shall be signed by the chairman and the treasurer of the regional
board of education and shall bear such rate of interest, mature in such substan-
tially equal instalments and te issued in such denominations and at such times
and places as shall be determined by such board. The first instalment of any
series of bonds shall mature not later than two vears from the date of the issue
of such series and the last instalment of such serics shall mature not later than
twenty vears therefrom. Such bonds. when executed. issued atid delivered, sivill
be general obligations of such district and the memmer towns, according to thew
terms. Any regional school district which bas issued any bonds of other oul
ations pursuant to any general statute or speciai act may redcee:n them by issu-
ing new bonds or other obligations.

(b) ‘Annual receipts from taxation’ means the receipts from taxation of
the member towns for the fiscal year next preceding the close of the last fiscal
year of such regional school district. Notwithstanding the provisions of section
7-374, any regional schovl district may assume bonds or other indebtedness of
any member town as part of the purchase price of any property for school pur-
poses or issue bonds or notes, provided the aggregate indebtedness of such dis-
trict shall not excecd: (1) In the case of a regional school district serving the

‘ — + ee a ENTE
7 m ee eee Tere oe ee eee oF oe Oech diet hn re

Appendiz I

Ch. 164 EDUCATIONAL OPPORTUNITIES 423

SEO

same towns as are served by two or more town school disiricts, two and one-
quarter times the annual receipts from taxation or (2) in the case of a regional
school district empowered to provide for the member towns all programs under
the general supervision and control of the state board of education. four and
one-half times such annual receipts from taxation. Any regional school district
may issue additional bonds or notes in an amount not to exceed three and one-
half times such annual receipts from taxation less the aggregate indebtedness
as defined in section 7-374 for the member towns of such district.

TPT:

(c) When a district has been authorized to issuc general obligation bonds
as provided by this section, the board may authorize, for a period not to caceed
four years, the issue of temporary notes in anticipation of the receipt of the
proceeds from the sale of such bonds. Notes issued for a shorter period of
time may be renewed by the issue of other notes, provided the period from
the date of the original notes to the maturity of the last notes issued in renewal
thercof shall not exceed four years. The term of such notes shall not be included
in computing the time within which such bonds shal! mature. The provisions
of section 7-373 shall be deemed to appiy to such notes. The board shall deter-
mine the date, maturity. interest rate, form, manner of sale and other terms
of such notes which shall be gencral obligations of the regional school district
and member towns. Such notes may bear interest or be sold-at a discount. The
interest or discount on such notes and any renewals thereof and the expense
of preparing, issuing and marketing them may be included as a part of the cost
of the project for the financing of which such bonds were authorized. Upon
the sale of such bonds, the board shall apply immediately the proceeds thercof,
to the extent required. to the pavment of the rrincipai and interest of al! notes
issued in anticipation thereof or deposit the proceeds in trust for such purpose
_with a bank or trust company, which may be the bank or trust company, if
any, at which such notes are payable. .

(d) Subject to the provisions of subsection (c) of this section. the board may
deposit or invest the proceeds of bonds or of notes issued in anticipation thereof
in the same manner and to the same extent as permitted school districts or
municipalities in chapter 112.

(1949 Pew. S U1, 1951. 1955. § Q1Id. 1959. S 91MM: November, 1955. $ NIB, Fetsuary. 15. PA 7,197. 4 A OM.
S. 2; 674, 1969, PA 132.S. 2.698.S 16.7.4. 74-239,5.1.2)

Sec. 10-57. Debt limitation. Section 10-57 is repealed. é

(1951, 1983. S 912d; Nowsmber. 1955, S. NUI9, 1957. PA. Sil, September, 1957. PA. 17, 1%). PA Ws, S 2.1479. PA
132.S. 1,698,S$. 27)

See Sec. 10-56

Sec. 10-58. Investment of proceeds of bond issue. Section 10-58 is repealed. '

(1951S 9136. 199.P A OWES 27)

See Sec. 10-54. ;
J

Sec. 10-S8a. Default of district in payment on bonds or notes. Withholding
of state aid. Whenever it ts established as herein provided that a regional school

district, including Regional School District Number | of Litchfield County, has :
defaulted in the payment of the principal or interest. or both, Ga its bonds or ,
notes, the payment of state aid and assistance to such rerional school district :

pursuant to any statute then in existence shall be withheld by the State. If a
holder or owner of any such bond or note of such regional school district files

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Appendix I

424 EDUCATION AND CULTURE Title 10

with the state comptroller a verified statement describing such bond or note
and alleging default in the payment thercof or the interest thereon, or both,
the comptroller shall immediately investigate the circumstances of the allered
default, prepare and file in his office a certificate setting forth his finding with
respect thereto and serve a copy of such finding, by registered or certificd mail,
upon the treasurer or chief fiscal officer of such regional school district. Such
investigation shall cover the current status with respect to the payment of prin-
cipal of and interest on all outstanding bonds and notes of such regional school
district, and the statement prepared and filed by the comptroller pursuant to
this section shall set forth a description of all bonds and notes of such rerional
school district found to be in default and the amount of principal and interest
thereon past duc. Upon the filing of such a certificate in the office of the comp-
troller, the comptroller shall thereafter deduct and withhold from the next suc-
cecding payment of state aid or assistance otherwise duc such regioral school
district such amount as is necessary to pay the principal of and interest on such
bonds and notes of such regional school district then in default. If such amount
is insufficient to pay all of such principa! and interest, said comptroller shall
similarly deduct and withhold from the next succeeding payment of state aid
and assistance, otherwise due to any town in such district which is currently
in default of its annval payments to such district, such amount as is necessary
to pay the principal of and interest on such bonds or notes remaining in default.
If all such amounts withheld are insuflicicnt to pay all such principal and inter-
est, the comptroller shall similarly deduct and withhold from each succeeding
payment of state aid or assistance otherwise due such regional school district
and such towns such amount or amounts thereof as may be required to pay
all of the principal of and interest on such bonds and notes then in default.
Payments of state aid or assistance so deducted and withheld shall be forwarded
prompily by the comptroller to the paying agent or agents for the bonds and
notes in default for the sole purpose of payment of defaulted principal of aad
interest on such bonds or noies; provided, if any such payment of state aid
Or assistance so deducted or withheld is less than the total amount of all prin-
cipal and interest on such bonds and notes. then the comptroller shall forward
to cach paying agent an amount in the proportion thet the amount of such bonds
and notes in default payable by such paying agent bears to the total amount
of the principal of and interest then in default on such bonds and notes of such
regional school district. The comptroller shall promptly notify the treasurer or
the chief fiscal officer of such regional school district of any payment or pay-
ments made to any paying agent or paying agents of defaulted bonds or notes
pursuant to this section. The state of Connecticut hereby covenants with the
purchasers, holders and owners from time to time of bonds and notes issued
by regional school districts for school purposes that it will not repeal the provi-
sions of this section or amend or modify the same so as to limit or impair the
rights and remedies granted hereby; provided nothing herein contained shall be
deemed or construed as requiring the state to continue the payment of state
aid Or assistance to any regional school district or town or as limiting or prohib-
iting the state from repealing of amending any law relating to state aid or assis-
tance, the manner and time of payment or apportionment thereof, or the aniount
thereof.
(1961, PA 114.8 2)

Sec. 10-59, Fiscal year. Budget. Section 10-59 is repealed.

(1949 Rew |S 1984. 1951, 1953, 1955. S. 91SU, 1999. PA. 698, S. 27.)
See Sec. 1081,

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Appendix

Ch. 164 EDUCATIONAL OPPORTUNITIES 425

Sec. 10-60. Borrowing in addition to bonds. in addition to the power to issue
bonds as provided by section 10-56, such regional board of education may, when
so authorized by a majority vote at a regionsi schoo! district meeting called
for such purpose, borrow sums of money in an amount which shail not exceed
in the aycregate two hundred thousand dollars for a period not to exceed five
years and pay interest thereon for acquiring lands, securing the services of archi-
tects and professional consultants. the Operation and maintenance of regional
schools, the installation of equipment therein and centingent or other necessary
sApenses Connected therewith. Persons elisbie to vote under the provisions of
section 7-6 may vote on such issue. Such loans Shall be in the name of and
Shall be general obligations of such district and the member towns. The chair-
man and treasurer of tiie board shall sign the note evidencing any such loan.

(1949 Rew, S. 1984; 1951, 1959, 1955, S. vISU, 1909, PLA. 290, 5. 1,6%,8 17)

Sec. 10-61. Withdrawai of town. Section 10-61 is repealed.

(19ST, 1958, 5 916d: 1963, PA. 189, S 9)
See Sec. 10-633 et seq.

Sec. 10-62. Dissolution of district. Section 10-62 is repealcd.
(1951S 917d. 1903. P A 87.8.9)
See Sec 10-Alaet seq
" Sec. 10-63. Paythent of indebtedness on dissolution of district.. Section 10-63
is repealed.
(19ST. S 9i8S, 1963. PLA. 389,59)
See Sec. lv-6M.

Sec. 10-63a. Vote for withdrawal of town or dissolution of district. (a) Any
town which ts a member of a regional school district may, pursuant to a vote
of its legislative body, appiy to the regional board of education to institute
procedure for withdrawal from the district or, in the case of 2 Gistrict coniposed
of two towns, dissolution of the district as hereinafter provided. (b) Any two
or more towns Which are members of a regional school district composed of
three or more towas may, pursuant to a vote of the legislative bodies of the
iespective towns, apply to the regional board of education to institute procedure
for the dissolution of the district as hereinafter provided.

(1963, PA. 389, S.1, February. 1965. PA 411, S$. 5: 1969. PA 098, 8)

Sec. 10-63). Committee to determine conditions of withdrawal or dissolution.
Within thirty days of receipt of an application pursuant to section 10-63a the
regional board of education shall call for the appointment of a committee to
determine whether and under what conditions such withdrawal or dissoluticn
Shall take place. ‘The committee shall consist of the following: One member of
the board of education of each town within the district, to be selected by cach
such board. if any, or if none, an elector to be clected by the legishitive body
in such town; one member of the board of finance or comparable fiscal body
of each town within the district to be selected by each such board or body;
two members of the regional board of education, to be selected by such board,
no more than one of Whom may be a resident of a town making the application
for the appoiatment of the committee; one member to be appointed by the state
board of education, who shall not be a resident of any town within the district;

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426 EDUCATiON AND CULTURE - Title 10

the state treasurer or his designee, «nd one member to be appointed by the
regional board of education, who shall be an expert in municipal bonding and
financing and who shall not be a resident of any town within the district. The
members shall receive no compensation for their services. but their expenses
and those incurred by the regional board in connection with withdrawal or dis-
solution procedures shall be paid by the towns applying for withdrawal or dis-
solution. The appuintee of the state board of education shall call the first meet-
ing, of the committee, and the commitice shall organize and function in accord-
ance with section 10-41,

(196), PA. 389, S. 2; 1969, PA. 698, 5. 19)

Sec. 10-63c. Report of committee. Within ohe year after its appointment, the
committce shall prepare a written report of its recommendation concernis: the
advisability of a withdrawal or dissolution. If the committee recommends a
withdrawal or dissolution, the report sha!l include: (1) A determination of the
value of the net assets of the regional district, (2) an apportionment of the act
assets to each member town on the basis of the ratio which the total average
daily membership of such town since its membership in the regional district
bears to the total average daily members!up reported to the state board of cdu-
cation by the regional board of education up to and including the last such
report, (3) a plan for settlement of any obligations and the transfer of property
from the regional school district to the miember town school districts, (4) a
timetable for the orderly withdrawal or dissolution of the regional district and
establishment of town boards of education if none exist, (5) the question to
be determined by the referenda and (6) such other matters a3 the commniitice
deems necessary. The provisions of scctions 19-43 and 10-45, except as provided
below, shall apply to the procedures for submission of the plan to the state
board of cducation, action by such buard. presentation of suck plar to the
member towns, action by such towns ard the dissviution of the conmittce. The
establishment of any new town board of education shall be in accordance with
chapter 146. Upon an aflirmative vote in each micmber town, the repronai board
of education and member towns shell cooperatively implement the plan for dis-
solution or withdrawal of a member town.

(1963, PA. 389, S. 3; 1969, PA. U8, S. 20.)

Sec. 10-63d. Submission of final plan. Publication of notice. Section 10-63d
is repealed. '

(1963, PA. 389. S. 4; 1969, P._A. 698. S$. 27)

Sec. 10-63e. Special town meetings on proposal. Section 10-63e is repealed.
(1963, PA. 389. S. 5; 1909. P._A. 698, $ 27.)

Sec. 10-6M. Obligations not affected by action. Such withdrawal or dissolu-
tion shall not impair the obligation of the withdrawing town or the district to
the holders of any bonds or other outstanding indebtedness issued prior to with-
drawal of dissolution under authority of this part. The regional board of edu-
cation and the board of education of the town or towns involved may make
agreements for the payment of money to or from the district and said towns
in accordance with the final plan of withdrawal.

(1963, PA 389.5 6)

Sec. 10-63g. Withdrawal and dissolution restricted. (a) No town shall be

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Appendix I

Ch. 164 EDUCATIONAL OPPORTUNITIES 427

permitted to withdraw from a regional school district and no district shall be
dissolved except in accordance with the provisions of sections 10-63a to 10-6%f,
inclusive, and no application for withdrawal or dissolution shall be made within
three years after the formation of the district. (b) No town which has voted
to apply for the insitution of withdrawal or dissolution procedure as provided
in sections 19-63a to 16-63f, inclusive, may again so apply within three years
after the date of its last application.
(1953, PA. 389.5 7.6)

See. 10-63h. Applicability to cxisting regional school districts. Notwithstand-
ing the provisions of any general or speciai act or compact adopted by referenda
to establish a regional school district, the provisions of this part shall apply
to the regional school districts in existence on June 24, 1969, except as provided
below. (a) Nothing in this part shall be construed to require ar. existing regional
school district to change the composition of the membership of its board of
education or their terms of office. (by If the board consists of nine members,
three from cacii member town, such members inay be elected on a rotating basis
each year for terms of three years. If any adjustments are necessary to achieve
this system, the regional schoo! district shali use the procedures provided in
section 10-47¢ to make the necessary changes, provided the term of office of
} no incumbent shall te shortened. (c) Any such school district may change the

representation of the member towns on the regional board or chaiige the term

of office of such members to four years in accordance with the procedures pro-
| vided in section 10-47c. If the latter change is made, the member towns may
elect their representatives un the tegivnal board of education in accordance with
subsection (b) or (c) of section 10-46 as determined by the !egislative body of
each town.

(1969, P._A. 98.5 21)

Sec. 10-631. Regicnal school district established before June 24, 1969. Any
i referenda establishing a regionai school district before June 24, 1969, which by
| the terms of the question presented in such referenda established a regional
| school district to provide educational programs for kindergarten through grade
twelve, shall be deemed to have empowered such district to provide for the
member towns any program under the general supervision and contro) of the
state board of education. In such cases, the town board of education in cach
meniber town is dissolved when the regional bourd of education assumes the
direction of all such programs in the member towns, but in no case later than
two years from the date of the referenda establishing such regional schoul dis-
trict.
(1969, PA. 698, S. 22.)

PART IV
REGIONAL VOCATIONAL AGRICULTURE CENTERS

Sec. 10-64. Boards of education may establish regional vocaticnal agriculture
centers. Any town or regional board of education may enter into agreements
with other such boards of education to establish a regional vocational agriculture
center in conjunction with its revular public school system, provided such center
shall have a reg:onal vocational agriculture consulting committee which shall

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Appendiz I

428 EDUCATION ANDCULTURE | Title 10

advise the operating board of education but shall have no legal authority with
respect to such center. Each board of education shall appoint to said commitice
two representatives, who have a comeetent knowledge of agriculture and who
need not be members of such board.

(1958, S. ODA, 1947, PA OMS.)

Sec. 10-65. Grants to towns or districts operating centers, A town or regional
school district operating a vocational agriculture center approved by the state
board of education for program, educational need, location and area to be
served shall be cligible for the following grants: (a) Within the availabiluy of
funds, the total cost, in a single grant, of constructing and equipping approved
facilities to be used exclusively for such vocational agriculture center, for the
expansion or improvement of existing facilaies or for the replacement or
improvement of equipment thercin. and (b) the total cost of operating the voca-
tional agriculture center including the cost of instructing regular secondary
school vocational agriculture students, out-of-school youth and adult students
but excluding any capital outlay charges, less one-third the average per pupil
cost of the previous year of operation of the secondary schools of the district
with which the regional vocational agriculture center is associated times the
average daily membership of the regular all-day vocational agriculture students.
The board of education operating such center may charge tuition which shall
not exceed the average per pupil expenditure of the previous year for all
secondary school pupils in the receiving district and sending boards of education
which maintain secondary school grades shall receive grants equal to one-half
the tuition paid by them for vocational agriculture pupils in such grades.

* (CU9SS, S. 9206, 1961, PA. 40, 1967, PA. 638, $2)

Sec. 10-66. Regulations. The state board of education shall have authority
to make such regulations as are necessary to carry out the purposes of this
part and to insure reasonable economy in the vocational agriculture centers.

(1958, S$. 92M)

PART IVa
REGIONAL EDUCATIONAL SERVICE CENTERS

Sec. 10-66a. Establishment. Commencing August 1, 1972. a regional educa-
tional service center may be established in any regional state planning area as
defined in section 4-124b by four or more boards of education for the purpose
of cooperative action by town or regional boards of education to furnish pro-
grams and services to the participating boards of education, Except where the
pupil population is over fifty thousand ina given planning area, only one regional
educational service center may be established in cach area. In no case shall
there be more than two educational service ceniers in any area. If, after the
establishment of a regional educational service center, boards of education vote
to withdraw so that fewer than four such boards are participating, the center
Shall cease to exist at the end of the subsequent fiscal year.

(1972, PALS 1D

See. 16-66b. Operation and management. Board. The operation and man-

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Appendix I

444 MUNICIPALITIES Title 7

Sec. 7-6. Eligibility to vote, At any town mecting other than a regular or spe-
cial town election or at any meeting of any fire. sewer or school district or
any other municipal subdivision of any town incorporated by any special act,
aay person who is an elector of such town may vote and any citizen of the
uge of cighteen years or more who, jointly or severally, is liable to the town,
district or subdivision for taxes assessed against him on an assessment of not
less than one thousand dollars on the last-completed sand list of such town,
district or subdivision, or who would be so liable if not entitled to an cxemption
under subdivision (17), (19), (22), (23), (25) or £26) of section 12-81, may vote,
unless restricted by the provisions of any special act relating to such town, dis-
trict or subdivision.

(1929 Rew. $496. 1988 1985S. MA. 1963, PA 692,S.5 1972. PA. 127.5. BB)

Sce Secs 91, 90 9S .

Freehold estate ratable. hut not rated, dees not qualify, 2D 4.

Require value necessary to vote determined wathout reference to existence of Mortgage on the property. where husband and
wile are joint Owners. each 1s entitled to wote if axsessed value 1s mot less than $2.0u0 hestory of statute rewewed. IV CN IM.

See. 7-7. Conduct of meetings of municipal corporations. Petition for vote by
ballot or voting machine. All towns, when lawfully assembled for any purpuse
other than the clection of town officers, and all societies and other municipal
corporations when lawfully assembled. shall choose a moderator to preside at
such mectings, unless otherwise provided by law; and, except as ctherwise pro-
vided by law, all questions arising in such meetings shall be decided in accord-
ance with standard pasliamentary practice, and towns, societies and municipal
corporations may, by ordinance, adept rules of order for the conduct of their
meetings. At any such town mecting the moderator shall be chosen from the
last-completed registry list of such town. Two hundred or more persons or ten
per cent of the total number quaiified to vote in the meeting of a town or other
municipal corporation, whichever is less, may petition the clerk or secretary
of such town or municipal corporation, in writing, at least twenty-four hours
prior to any such mecting, requesting that any item or items on the call of such
meeting be submitted to the persons qualified to vote in such meeting not less
than seven nor more than fourteen days thereafter, on a day to be set by the
town mecting or. if the town meeting does not set a date, by the town selectmen,
for a vote by paper ballots or by a “Yes or *No™ vote on the voting machines,
during the hours between twelve noon and cight p.m.; but any municipality may,
any provision of any special act to the contrary notwithstanding, by vote of
its legislative body provide for an earlier hour for opening the polls but not
earlier than six a.m. The paper ballots or voting machine ballot labels, as the
case may be. shall be provided by such clerk or secretary. When such a petition
has been filed with such clerk or secretary. the moderator of such mecting. after
completion of other business and after reasonable discussion, shall adjourn such
meeting and order such vote on such item or items in accordance with the peti-
uidn: and any item so voted may be rescinded in the same manner. If such
moderator resigns or is for any other cause unable to serve as moderator at
such adjourned meeting, such clerk or secretary shall serve, or may appoint
an elector of such municipality to serve, as moderator of such adjourned mect-
ing. Such clerk or sceretary, as the case may be, shall phrase such item or
items in a form suitable for printing on such paper ballots or bellot labels. The
vote on any item on the call of & town or other municipal corporation shall
be taken by paper ballot if so voied at the meeting, if no petition has been
filed under this section with reference to such item.

(1949 Rew, S. 498. 198), S. DIAG, 1987, PA. S48. 1961, PLA. 893, 1967, PAL KOSS Dow PA LS 1a 8 IPA
7).467 )

See Sec 91

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A 20

APPENDIX II

PARTIAL LIST OF POWERS AND DUTIES OF
BOARDS OF EDUCATION IN CONNECTICUT

POWER OR DUTY GENERAL STATUTES §

Maintain good public elementary and
secondary schools, implement the
educational interests of the state,
and provide such other educational
activities as in its judgment will
best serve the interests 2f the town. 10-220

Have charge of the schools in the town. . 10-220

Make continuous study of the needs for
school facilities and of long-term
building projects and make recommenda-
tions to the town in this regard. 10-220

Have the care, maintenance and operation
of the builcings, iands, apparatus and
other properties used for school pur-
poses. 10-220-

Determine the number, age and qualifica-
tions of the pupils to be admitted into
each school. 10-220

Employ and dismiss the teachers of the
schools subject to the provisions of
applicable statutes. 10-220

Designate the schools which will be
attended by the various children
within the several towns. 10-220

Make such provisions as will enable each
chiid of school age residing in the
town of suitable mental and physical
cornditicn to attend some public day
school for che period required by law. 10-220

Provide for the transportation of children
wherever transportation is reasonable and
desirable, and for such purpose make contracts

A 21

Appendiz II

' POWER OR DUTY GENERAL STATUTES §

covering periods of not more than
five years. 10-220

AMIE PAVAL,

Arrange with the board of education
of an adjacent town for the instruc-
tion therein of such children as can
attend school in such adjacent town
more conveniently. 10-220

Si le ae at is it

Cause each child between the ages of
seven and sixteen living in the town’
to attend school. 10-220

Secure educational opportunities in
another town in accordance with the
provisions of the statutes and give
@ll children of the town as nearly .
equal advantages as may be practicable. 10-220

Perform all acts required of it by the town
‘or necessary to carry into effect the
“powers and duties imposed upon it by law. 10-220

Prescribe rules for management, studies,
_Classification and discipline of public
schools and, subject to the state board
-of education, the textbooks to be used. 10-221

Make rules for the arrangement, use and
safekeeping within its jurisdiction of
school libraries and approve books
selected therefor. 10-221

Approve plans for schoolhouses and super-
intend any high or grade school. 10-221

Prepare itemized estimate of cost of main-
tenance of public schools for ensuing year. 10-222

Expend any monies appropriated by the legis-
lative body of the town at its own discre-
tion. 10-222

Transfer unexpended or uncontractec-for
portion of appropriations for school
purposes to any other item of its itemized
estimate. 10-222

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Appendix II

POWER OR DUTY GENERAL STATUTES §.

’

Expel from school any pupil regardless
of age who after a full hearing is
found guilty of conduct inimical to
the best interests of the school. 10-234

Protect employees from financial loss
which might arise from suit or claim
for damages alleging negligence. 10-235

Establish and maintain a school activity
fund to finance the porticn of school
Junches not provided by the town or to
finance part of the cost of driver edu-
cation courses not provided by the town
or to provide for funds of schools and
school organizations as it determines. 10-237

Contract with a federal governmental
agency for funds to cstablish a demon- ;
stration scholarship program for a :
period of up to five years. 10-239¢_

Ascertain the name and age of each chil

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385608_1422%3A2. Public record. Not legal advice.