Current Status Bill Number:3945 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950406 Primary Sponsor:Askins, All Sponsors:Askins, Kennedy, Hines, Limbaugh, Harwell and Neilson Drafted Document Number:gjk\21631sd.95 Residing Body:House Current Committee:Education and Public Works Committee 21 HEPW Subject:Cooperative Educational Service Centers Act of 1995
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950406 Introduced, read first time, 21 HEPW
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 22 SO AS TO ENACT THE "COOPERATIVE EDUCATIONAL SERVICE CENTERS ACT OF 1995" WHICH AUTHORIZES THE CREATION OF REGIONAL COOPERATIVE EDUCATIONAL SERVICE CENTERS BY TWO OR MORE SCHOOL DISTRICTS OR BY A SCHOOL DISTRICT AND A POST-SECONDARY INSTITUTION WHICH CENTERS ARE DESIGNED TO PROVIDE INSTRUCTIONAL, ADMINISTRATIVE, AND OTHER SERVICES DESIRED BY THE PARTICIPATING SCHOOL DISTRICTS OR INSTITUTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 59 of the 1976 Code is amended by adding:
Section 59-22-10. This chapter shall be known and may be cited as the `Cooperative Educational Service Centers Act of 1995'.
Section 59-22-20. The General Assembly declares that this chapter is enacted for the general improvement and expansion of educational services of the public schools in the State of South Carolina; for the creation of cooperative educational service centers where feasible for purposes of enabling two or more school districts to cooperate in furnishing services authorized by law if cooperation appears desirable; and for the setting forth of the powers and duties of said cooperative educational service centers.
Section 59-22-30. As used in this chapter, unless the context otherwise requires:
(1) `cooperative educational service centers' means a regional educational service unit designed to provide supporting, instructional, administrative, facility, community, or any other services contracted by participating member entities;
(2) `post-secondary institution' means a community or technical college, a junior college, or a state-supported institution of higher learning;
(3) `school district' means any public school district existing pursuant to law.
Section 59-22-40. (A) Whenever two or more school districts or a school district and a post-secondary institution desire to establish a cooperative educational service center for the purpose of providing cooperative services, the superintendents or designated representative of any two of the interested entities may call a meeting. At this meeting the entities may enter into a proposed agreement to form a cooperative educational service center, which proposed agreement shall set forth the names of the participating districts and post-secondary institutions and such other items as may be required. The participating school districts and post-secondary institutions may then proceed to form the cooperative educational service center by resolution of each of the governing board of the participating districts or institutions.
(B) (1) At a subsequent meeting, the entities which have approved participation in a cooperative educational service center shall agree upon the number of members which are to compose the cooperative board; except that each participating entity shall be entitled to at least one member on the board.
(2) Each participating school district shall then appoint its assigned number of representatives on the cooperative board to serve ex officio at the pleasure of the appointing board.
(3) Each participating post-secondary institution shall then appoint its assigned number of representatives on the cooperative board to serve ex officio at the pleasure of the appointing board.
(C) The agreement to establish a cooperative educational service center may be amended to admit one or more additional school districts or post-secondary institutions if the school district or post-secondary institution seeking admission shall certify by resolution a desire to be admitted to membership in the cooperative educational service center and if the cooperative educational service center by resolution agrees to the admission of the school district or post-secondary institution.
Section 59-22-50. At its first meeting, the members of the cooperative board shall develop bylaws establishing the officers and their terms of office.
Section 59-22-60. Financing of the services performed under the direction of the cooperative educational service center shall be by contributions from any available monies of the participating entities which may legally be expended for such services in a proportionally agreed upon manner.
Section 59-22-70. (A) In addition to any other powers granted by law, the cooperative educational service center shall have the following specific powers, to be exercised in its judgment:
(1) to take and hold in the name of the cooperative educational service center so much real and personal property as may be reasonably necessary for any purpose authorized by law;
(2) to operate schools and classes as authorized by the member entities;
(3) to determine which programs and facilities of the cooperative educational service center shall be operated and maintained;
(4) to select a depositary for monies belonging to the cooperative educational service center, and to invest any funds on hand which are not then needed in the conduct of its affairs in any securities which are legal investments for the State and its political subdivisions;
(5) to construct, purchase, or lease sites, buildings, and equipment for the purpose of providing the facilities necessary for the operation of a cooperative educational service center at any appropriate location, whether within or without a school district or institution providing the money for the facilities. Any school district or institution monies which may be legally expended for such facilities may be used for carrying out the provisions of this item.
Section 59-22-80. The cooperative educational service center shall be authorized to use the contributions from the participating member entities to match state and federal funds, or funds from any other sources when applicable, when the acceptance of financial assistance from such other agencies or sources requires matching of funds as a condition of receiving the financial assistance.
Section 59-22-90. (A) A participating district or institution may refrain from participating in a specific activity proposed by the cooperative educational service center by giving notice as may be provided in the bylaws.
(B) A participating district or institution may withdraw from a cooperative educational service center after having given notice as provided in the bylaws and after having satisfactorily completed all specific contracts to which it was obligated, or upon otherwise being released by the cooperative educational service center by resolution of the cooperative board.
(C) A cooperative educational service center may be dissolved by resolution upon the completion of all contracts or upon other adequate discharge of its obligations.
Section 59-22-100. Each cooperative educational service center is declared to be a body corporate and politic and in its name may hold title to real and personal property, sue and be sued, and be a party to contracts for any purpose authorized by law.
Section 59-22-110. Cooperative educational service center employees are eligible to participate in the retirement and insurance plans available to school district or institution employees."
SECTION 2. This act takes effect upon approval by the Governor.