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COMMITTEE REPORT
May 7, 2002
H. 3502
Introduced by Reps. McGee, Askins, Coates, J. Hines and M. Hines
S. Printed 5/7/02--S.
Read the first time April 26, 2001.
To whom was referred a Bill (H. 3502) 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 2001", etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
WARREN K. GIESE for Committee.
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 2001" 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:
Section 59-22-10. This chapter shall be known and may be cited as the 'Cooperative Educational Service Centers Act of 2001'.
Section 59-22-20. The General Assembly declares that this chapter is enacted to enhance and expand educational services to the public schools in the State of South Carolina. In doing so, the General Assembly authorizes the creation of cooperative educational service centers to furnish services, authorized by law, when those services are desirable and best offered through a shared effort between two or more school districts and which may include one or more post-secondary institutions.
Section 59-22-30. As used in this chapter:
(1) 'cooperative educational service center' means a nonprofit regional educational service unit established by two or more school districts that may also include one or more post-secondary institutions designed to provide supporting, instructional, administrative, or other services;
(2) 'cooperative board' means the governing board of the cooperative education service center;
(3) 'post-secondary institution' means an institution of higher learning;
(4) 'school district' means any public school district existing pursuant to law.
Section 59-22-40. (A) Two or more school districts that desire to establish a cooperative educational service center for the purpose of providing cooperative services shall enter into a written agreement. The service center may also include one or more post-secondary institutions as partners. The written agreement shall set forth the names of the participating districts and post-secondary institutions; the make-up, duties, and responsibilities of its cooperative board; and all terms of the cooperative relationship. The cooperative educational service center shall then be formed through resolution of each of the governing boards of the participating districts or institutions.
(B) The cooperative board shall be comprised of at least one member representing each participating entity. The governing board of each participating entity shall appoint their representatives to serve on the cooperative board. This appointment shall be at the pleasure of the appointing board.
(C) A cooperative educational service center agreement may be amended to admit additional school districts or post-secondary institutions provided the entities seeking admission certify through resolution from their governing board the desire to be admitted to the cooperative educational service center.
Section 59-22-50. The cooperative board shall:
(1) develop and adopt bylaws to include, but not be limited to, purpose, representation, and membership to include resignation and termination policies, duties and responsibilities, meeting schedules, and other provisions as outlined in this act;
(2) coordinate a cooperative effort to effectuate the general improvement and expansion of educational services of all participating entities;
(3) oversee the implementation of the cooperative effort to improve and expand educational services of all participating entities;
(4) implement fiscal policies and procedures to ensure fiscal accountability of all funds appropriated to the center to effectuate the general improvement and expansion of educational services of all participating entities;
(5) hire employees necessary to coordinate activities, programs, and services to effectuate the general improvement and expansion of educational services of all participating entities; and
(6) keep accurate records of programs, activities, and services utilized to effectuate the improvement and expansion of educational services of all participating entities.
Section 59-22-60. Services performed under the direction of the cooperative educational service center shall be financed by appropriations from participating entities. These funds shall be appropriated and expended for services in a proportion manner as specified in the cooperative board bylaws. The General Assembly shall not be obligated to provide direct funding to cooperative educational service centers.
Section 59-22-70. The cooperative educational service center may be granted powers as approved by its cooperative board. Those powers may include, but not be limited to, the following:
(1) 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) operate classes as authorized by the cooperative board;
(3) determine activities, programs, and facilities of the cooperative educational service center to be operated and maintained;
(4) select a depository for monies belonging to the cooperative educational service center, and to invest funds in securities which are legal investments for the State and its political subdivisions;
(5) 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. School district or institution monies that 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 allocations from the participating 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 entity may refrain from participation in a specific activity, program, or service proposed by the cooperative educational service center by giving notice as specified in the bylaws. If a participating entity declines participation in the specific cooperative activity, program, or service agreed to by the cooperative board and provided by the educational service center, the entity shall not be required to appropriate proportional funds for this service.
(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.
(C) Upon the completion of all contracts or upon other adequate discharge of its obligations, a cooperative educational service center may be dissolved by resolution from the participating entities' governing boards. Upon dissolving, all assets acquired by the educational service center that were principally owned by a participating entity shall be returned to that entity. Any jointly acquired assets shall be disposed of in the manner specified in the bylaws.
Section 59-22-100. Each cooperative educational service center is declared to be a body corporate and politic and, in its name, may 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, through an agreed upon participating entity, are eligible to participate in the retirement and insurance plans available to employees of the participating entity."
SECTION 2. This act takes effect upon approval by the Governor.
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