72-968. Cooperative agreements; requirements and conditions; duration; partial or complete termination; change or modification.
72-968
72-968. Cooperative agreements; requirements and conditions; duration;partial or complete termination; change or modification.(a) The boards of any two or more school districts within or outside thestate may make and enter into agreements providing for cooperativeoperation and administration in providing special education and relatedservices forexceptional children on a shared-cost basis, subject to the following:
(1) An agreement shall beeffective only after approval by the state board, which approval shall begranted if the special education services provided for in such agreementmeet standards and criteria set by the state board.
(2) (A) The duration of an agreement shall be perpetualbut the agreement may be partially or completely terminated as hereinafterprovided.
(B) Partial termination of an agreement made and entered intoby the boards of three or more school districts may be accomplished only uponpetition for withdrawal from the agreement made 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 an agreement made and entered into by 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 or uponpetition 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 an agreement made andentered into by the boards of three or more school districts may beaccomplishedonly 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 an agreement as thestate board deems to be in the best interests of the involved school districtsand of the state as a wholein the provision of special education services for exceptional children.Whenever the state board has disapproved the complete or partial termination ofan 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.
(3) An agreement shall designate the sponsoring school districtand shall provide for a separate fund thereof, to which each contractingdistrict shall pay the moneys due from it under the agreement. Any schooldistrict which is a party to an agreement may be designatedthe sponsoring district.
(4) An agreement shall specify the method or methods to be employed fordisposing of property upon partial or complete termination.
(5) Within the limitations provided by law, an agreement may bechanged or modified by mutual consent of the contracting school districts.
(6) An agreement shall besubject to change or termination by the legislature.
(b) The provisions of this section apply to every agreement enteredinto under authority of this section after the effective date of this actand to every 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 agreement to the contrary.
History: L. 1974, ch. 290, § 9;L. 1987, ch. 269, § 1;L. 1997, ch. 35, § 1;L. 1999, ch. 116, § 14; July 1.