72-8230. Interlocal cooperation agreements; requirements and conditions; duration; partial or complete termination; financing; definitions.
72-8230
72-8230. Interlocal cooperation agreements; requirements andconditions; duration; partial or complete termination; financing;definitions.(a) In the event the boards of education of any two or more school districtsenter into a school district interlocal cooperationagreement for the purpose of jointly and cooperatively performingany of the services, duties, functions, activities, obligations orresponsibilities which are authorized or required by law to be performed byschool districts of this state, the following conditions shall apply:
(1) A school district interlocal cooperation agreement shallestablish a board of directors whichshall be responsible for administering the joint or cooperativeundertaking. The agreement shall specify the organization andcomposition of and manner of appointment to the board of directors.Only members of boards of education of school districts party to theagreement shall be eligible for membership on theboard of directors. The terms of office of members of the board ofdirectors shall expire concurrently with their terms as board ofeducation members. Vacancies in the membership of the board of directorsshall be filled within 30 daysfrom the date of the vacancy in the manner specified in the agreement.
(2) A school district interlocal cooperation agreement may provide forthe establishment and composition of an executive board. The members ofthe executive board, if established, shall be selected by the board ofdirectors from its membership. The executive board shall exercise thepowers, have the responsibilities, and perform the duties and functions ofthe board of directors to the extent authority to do so is delegated by theboard of directors.
(3) A school district interlocal cooperation agreement shall beeffective only after approval by thestate board of education.
(4) A school district interlocal cooperation agreement shallbe subject to change or termination bythe legislature.
(5) The duration of a school district interlocal cooperationagreement for jointor cooperative action in performing any of the services, duties, functions,activities, obligations or responsibilities, other than the provision ofspecial education services, which are authorized or required by law to beperformed by school districts of this state, shall befor a term of at least three years but not exceeding five years.
(6) (A) The duration of a school district interlocalcooperation agreement forjoint or cooperative action in providing special education services shallbe perpetual unless the agreement is partially or completely terminated in accordance withthis provision. This provision applies to every school district interlocalcooperation agreement for the provision of special education servicesentered into under authority of this section after the effective date of thisact and to every such agreement entered into under this section prior to theeffective date of this act, and extant on the effective date of this act,regardless of any provisions in such an agreement to the contrary.
(B) Partial termination of a school district interlocal cooperationagreement forthe provision of special education services made and entered into by theboards of three or more school districts may be accomplished only uponpetition for withdrawal from the agreement by a contracting schooldistrict to the other contracting school districts andapproval by the state board of written consent to the petition by such otherschool districts or upon order of the state board after appealto it by a school district from denial of consent to a petition forwithdrawal and hearing thereon conducted by the state board. The stateboard shall consider all the testimony and evidence brought forth at thehearing and issue an order approving or disapproving withdrawal bythe school district from the agreement.
(C) Complete termination of a school district interlocal cooperationagreement for the provision of special education services made and entered intoby theboards of two school districts may be accomplished upon approval by the stateboard of a joint petition made to the state board for termination of theagreement by both of the contracting school districts after adoption of aresolution to that effect by each of the contracting school districts orupon petition for withdrawal from the agreement made by a contracting schooldistrict to the other contracting school district and approval by the stateboard of written consent to the petition by such other school district or uponorder of the state board after appeal to it by a school district from denial ofconsent to a petition for withdrawal and hearing thereon conducted by the stateboard. The state board shall consider all the testimony and evidence broughtforth at the hearing and issue an order approving or disapproving withdrawalby the school district from the agreement.
(D) Complete termination of a school district interlocalcooperationagreement forthe provision of special education services made and entered into by theboards of three or more school districts may be accomplished only uponapproval by the state board of a joint petition made to the stateboard for termination ofthe agreement by not less than 2/3 of the contracting schooldistricts after adoption ofa resolution to that effect by each of the contracting school districtsseeking termination of the agreement.The state board shall consider the petition and approve or disapprovetermination of the agreement.
(E) The state board shall take such action in approving ordisapproving the complete or partial termination of a schooldistrict interlocal cooperation agreement for the provision of specialeducation services as the state boarddeems to be in thebest interests of the involved school districts and of the state as a wholein the provision of special education services for exceptional children.Whenever the state board has disapproved the complete or partialterminationof such an agreement, no further action with respect to such agreement shall beconsidered or taken by the state board for a period of not less than threeyears.
(7) A school district interlocal cooperation agreement shallspecify the method ormethods to be employed for disposing of property upon partial or completetermination.
(8) Within the limitations provided by law, a school district interlocalcooperation agreement may be changed or modified byaffirmative vote of not less than 2/3 of thecontracting school districts.
(b) Except as otherwise specifically provided in this subsection, anypower or powers, privileges or authority exercised or capable of exerciseby any school district of this state, or by any board of education thereof,may be jointly exercised pursuant to the provisions of a school districtinterlocal cooperation agreement. No power or powers, privileges orauthority with respect to the levy and collection of taxes, the issuance ofbonds, or the purposes and provisions of the school districtfinance and quality performanceact or title I of public law 874 shall be created or effectuated for jointexercise pursuant to the provisions of a school district interlocalcooperation agreement.
(c) Payments from the general fund of each school district which entersinto any school district interlocal cooperation agreement forthe purpose of financing the joint or cooperative undertaking provided forby the agreement shall be operating expenses.
(d) Upon partial termination of a school districtinterlocal cooperation agreement, the board of directors established undera renegotiated agreement thereof shall be the successor in every respect tothe board of directors established under the former agreement.
(e) Nothing contained in this section shall be construed to abrogate,interfere with, impair, qualify or affect in any manner the exercise andenjoyment of all of the powers, privileges and authority conferred uponschool districts and boards of education thereof by the provisions of theinterlocal cooperation act, except that boards of education and schooldistricts are required to comply with the provisions of this section whenentering into an interlocal cooperation agreement that meets the definitionof school district interlocal cooperation agreement.
(f) As used in this section:
(1) "School district interlocalcooperation agreement" means an agreement which is entered into by theboards of education of two or more school districts pursuant to theprovisions of the interlocal cooperation act.
(2) "State board" means the state board of education.
History: L. 1975, ch. 75, § 2; L. 1978, ch. 302, § 1; L. 1979,ch. 220, § 15;L. 1985, ch. 247, § 1;L. 1987, ch. 276, § 1;L. 1990, ch. 261, § 1;L. 1992, ch. 280, § 46;L. 1997, ch. 35, § 2; July 1.