15.1-09.1 Regional Education Associations
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<![CDATA[CHAPTER 15.1-09.1REGIONAL EDUCATION ASSOCIATIONS15.1-09.1-01. Definition. For purposes of this chapter, "regional education association"means a group of school districts that have entered a joint powers agreement that has been<br>reviewed by the superintendent of public instruction and verified as meeting the requirements of<br>section 15.1-09.1-02.15.1-09.1-02. Regional education association - Joint powers agreement - Reviewby superintendent of public instruction - Criteria. Before a group of school districts may be<br>designated as a regional education association, the superintendent of public instruction shall<br>review the joint powers agreement that the districts have entered and verify that:1.The school districts:a.Have a combined total land mass of at least five thousand eight hundred<br>square miles [1502193 hectares];b.(1)Have a combined total land mass of at least four thousand five hundred<br>square miles [1165494 hectares]; and(2)Number at least twelve;c.(1)Have a combined total land mass of at least four thousand square miles<br>[1035995 hectares]; and(2)Have at least three thousand students in average daily membership; ord.(1)Have a combined total land mass of at least one thousand five hundred<br>square miles [388498 hectares]; and(2)Have at least seven thousand five hundred students in average daily<br>membership.2.The school districts are contiguous to each other or, if the districts are not<br>contiguous to each other, the superintendent of public instruction shall verify that the<br>participating districts can provide sound educational opportunities to their students in<br>a fiscally responsible manner without injuring other school districts or regional<br>education associations and without negatively impacting the ability of other school<br>districtsorregionaleducationassociationstoprovidesoundeducationalopportunities to their students in a fiscally responsible manner. A decision by the<br>superintendent of public instruction under this subsection may be appealed to the<br>state board of public school education. A decision by the state board is final.3.The joint powers agreement requires that the participating school districts maintain a<br>joint operating fund and share various administrative functions and student services<br>in accordance with subsection 4.4.a.During the first two school years in which a regional education association is<br>operational, each participating school district shall share in at least two<br>administrative functions and two student services, selected by the district.b.During the third and fourth school years in which a regional education<br>association is operational, each participating school district shall share in at<br>least three administrative functions and three student services, selected by the<br>district.Page No. 1c.During the fifth school year in which a regional education association is<br>operational, and each year thereafter, each participating school district shall<br>share at least five administrative functions and five student services, selected<br>by the district.d.For purposes of this subsection:(1)"Administrative functions" means:(a)Business management;(b)Career and technical education services management;(c)Curriculum mapping or development;(d)Data analysis;(e)Federal program support;(f)Federal title program management;(g)Grant writing;(h)School improvement;(i)School safety and environment management;(j)Special education services management;(k)Staff development;(l)Staff retention and recruitment;(m)Staff sharing;(n)Technology support; and(o)Any other functions approved by the superintendent of public<br>instruction.(2)"Student services" means:(a)Advanced placement classes;(b)Alternative high schools or alternative high school programs;(c)Career and technical education classes;(d)Counseling services;(e)Common elementary curricula;(f)Distance learning classes;(g)Dual credit classes;(h)Foreign language classes;(i)Library and media services;Page No. 2(j)Summer programs;(k)Supplemental instruction programs; and(l)Any other services approved by the superintendent of public<br>instruction.e.For purposes of this subsection, if a regional education association became<br>operational before July 1, 2005, the 2005-06 school year must be considered<br>the provider's first year of operation.5.The joint powers agreement provides:a.Criteria for the future participation of school districts that were not parties to the<br>original joint powers agreement;b.An application process by which school districts that were not parties to the<br>original joint powers agreement can become participating districts; andc.A process by which school districts that were not parties to the original joint<br>powers agreement and whose application to participate in the agreement was<br>denied can appeal the decision to the superintendent of public instruction.6.The joint powers agreement provides for the employment and compensation of staff.7.The joint powers agreement:a.Establishes the number of members on the governing board;b.Establishes the manner in which members of the governing board are<br>determined;c.Requires all members of the governing board or their designees to be<br>individuals currently serving on the board of a participating school district; andd.Allows for the inclusion of ex officio nonvoting members on the governing<br>board.8.The joint powers agreement provides that the board of the regional education<br>association shall meet at least quarterly.9.The joint powers agreement does not permit the regional education association to<br>compensate members of the regional education association board for attending<br>meetings of the board and does not permit the regional education association to<br>reimburse members of the board for any expenses incurred in attending meetings of<br>the board.15.1-09.1-03. Regional education association - Provision of special education andrelated services - Annual plan. A regional education association may prepare an annual plan<br>regarding the provision of special education and related services on behalf of its members and<br>submit the plan to the superintendent of public instruction for approval.15.1-09.1-04. Regional education association - Provision of special education andrelated services - Powers. A regional education association that provides special education<br>and related services may:1.Receive and expend state and federal moneys for the provision of special education<br>and related services to the students of its member districts;Page No. 32.Employ personnel necessary to carry out administrative services, itinerant<br>instruction, coordinative services, and related services; and3.Receive and expend private and public moneys.15.1-09.1-05. Regional education association - Provision of special education andrelated services - Student transportation - Coordination. A regional education association<br>shall plan and coordinate the transportation of students who are enrolled in its member districts<br>and to whom it provides special education and related services.15.1-09.1-06. Regional education associations - Receipt and use of moneys. Theboard of a regional education association may receive and expend moneys for the provision of<br>administrative functions, student services, and any other lawful activities.15.1-09.1-07. Joint operating fund - Accounting functions. The board of a regionaleducation association may contract with any person, including a school district, for the<br>maintenance of the association's joint operating fund and for the performance of any business or<br>accounting functions required by law or necessary for the association's operation.15.1-09.1-08. Regional education association - Report of expenses.1.The board of a regional education association shall submit annually to the<br>superintendent of public instruction, at the time and in the manner designated by the<br>superintendent, a report detailing all expenses incurred by the association and shall<br>attribute the expenses on a per student basis by participating school district.2.The board shall deposit any moneys received by or on behalf of the regional<br>education association into the association's joint operating fund.15.1-09.1-09. Compensation - Reimbursement - Extraordinary service. The board ofa regional education association may provide compensation and reimbursement to any board<br>member who, at the direction of the board, performs extraordinary service on behalf of the board.<br>For purposes of this section, "extraordinary service" means duties beyond those reasonably<br>expected of members of the board and includes travel to and attendance at national meetings or<br>conventions.15.1-09.1-10. State aid - Payable to a regional education association - Obligation ofdistrict.1.The superintendent of public instruction shall forward the portion of a school district's<br>state aid which is payable by the superintendent under subdivision n of subsection 1<br>of section 15.1-27-03.1 as a result of the district's participation in a regional<br>education association directly to the association in which the district participates.<br>The superintendent shall forward the amount payable under this subsection at the<br>same time and in the same manner as provided for other state aid payments under<br>section 15.1-27-01.2.If the superintendent of public instruction determines that a school district failed to<br>meet any contractual or statutory obligation imposed upon it as a result of the<br>district's participation in a regional education association, the superintendent shall<br>subtract the amount for which the district was not eligible from any future distribution<br>of state aid to the district under section 15.1-27-01.15.1-09.1-11. Rights of employees. Any individual employed by the board of a regionaleducation association has the same statutory rights as those accorded to an individual employed<br>by a public school district for the same purpose.Page No. 4Document Outlinechapter 15.1-09.1 regional education associations]]>