South Carolina General Assembly
113th Session, 1999-2000

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Bill 969


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      969
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20000111
Primary Sponsor:                  Land
All Sponsors:                     Land, Holland, Saleeby, Leatherman, 
                                  Leventis, McGill, Elliott, Glover, Wilson, 
                                  Rankin
Drafted Document Number:          l:\s-res\jcl\006coop.whb.doc
Companion Bill Number:            3595
Residing Body:                    Senate
Current Committee:                Education Committee 04 SED
Subject:                          Cooperative Educational Service Centers 
                                  Act of 1999, Colleges and Universities, School 
                                  Districts, Education


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20000119  Co-Sponsor added by Senator                    Wilson
                                                                 Rankin
Senate  20000111  Introduced, read first time,           04 SED
                  referred to Committee
Senate  19991207  Prefiled, referred to Committee        04 SED


                             Versions of This Bill

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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 1999" 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 1999'.

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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