H 3448 Session 112 (1997-1998)
H 3448 General Bill, By L.H. Limbaugh, Askins, Battle, J.M. Baxley, G. Brown,
T. Brown, Harvin, J. Hines, Inabinett, Jennings, Kennedy, M.H. Kinon, Kirsh,
Knotts, Maddox, Moody-Lawrence, J.H. Neal, Neilson, Rice and Simrill
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 1997" 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 FOR PROVIDING
INSTRUCTIONAL, ADMINISTRATIVE, AND OTHER SERVICES DESIRED BY THE PARTICIPATING
SCHOOL DISTRICTS OR INSTITUTIONS.
02/12/97 House Introduced and read first time HJ-52
02/12/97 House Referred to Committee on Education and Public
Works HJ-52
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 1997"
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 FOR PROVIDING
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 1997'.
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,
and for the provision for cooperation of two or more school districts
in furnishing services authorized by law if cooperation appears
desirable; and for the establishment 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) If 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
representatives 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. The
agreement must set forth the names of the participating districts and
post-secondary institutions and other items that may be required. The
participating school districts and post-secondary institutions may then
form the cooperative educational service center by resolution of each
of the governing boards of the participating districts or institutions.
(B)(1) At a later meeting, the entities which have approved
participation in a cooperative educational service center shall agree
upon the number of members to comprise the cooperative board;
except that each participating entity is entitled to at least one member
on the board.
(2) Each participating school district shall 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 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 certifies 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 is 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. In addition to 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 real and personal property reasonably necessary for a
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 to be operated and maintained;
(4) to select a depositary for monies belonging to the cooperative
educational service center, and to invest funds on hand which are not
then needed in the conduct of its affairs in 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 an appropriate location,
whether within or without a school district or institution providing
the money for the facilities. School district or institution monies
which legally may be expended for facilities may be used for
carrying out the provisions of this item.
Section 59-22-80. The cooperative educational service center may
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 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 giving notice as provided
in the bylaws and after satisfactorily completing 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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