H 3945 Session 111 (1995-1996)
H 3945 General Bill, By Askins, B.H. Harwell, J. Hines, Kennedy, L.H. Limbaugh and
Neilson
A Bill 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.
04/06/95 House Introduced and read first time HJ-32
04/06/95 House Referred to Committee on Education and Public
Works HJ-32
A BILL
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:
"CHAPTER 22
Cooperative Educational Service Centers
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.
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