Okla. Admin. Code § 210:1-9-4 - Conditions applicable to interlocal cooperative agreements
(a)
If the boards of education of any
two or more school districts enter into an interlocal cooperative agreement
as defined in this Subchapter, the following
conditions stated in paragraphs 1 - 8 apply:
(1)
An interlocal cooperative
agreement shall establish a board of directors which shall be responsible for
administering the joint or cooperative undertaking. The agreement shall specify
the organization, terms, and composition of, and manner of appointment to, the
board of directors and shall make provision for restructuring or terminating
the board upon partial or complete termination of the agreement. The board of
directors shall be selected by the board of education of each contracting
school district and may include but not be limited to a board member,
administrator or teacher from each contracting school district. Vacancies in
the membership of the board of directors shall be filled within thirty (30)
days from the date of the vacancy in the manner specified in the
agreement;
(2)
An
interlocal cooperative agreement which is optional to school districts and
shall be effective only after it is approved by the State Board of Education
and the board of directors may be designated as a local education agency for
some or all state and federal application, reporting and auditing procedures.
An interlocal cooperative board of directors that has been designated as a
local education agency shall comply with state and federal law and the
regulations of the State Board of Education;
(3)
An interlocal cooperative
agreement shall be subject to change or termination by a recommendation of the
State Board of Education;
(4)
The duration of an interlocal
cooperative agreement for joint or cooperative action in performing any of the
services, duties, functions, activities, obligations or responsibilities, other
than the provision of special education services, which are authorized or
required by law of school districts in this state, shall be for a term of at
least one (1) year.Notice of intent of a school district to withdraw from the
cooperative agreement must be given no later than March 15 for the ensuing
school year;
(5)
An interlocal cooperative agreement shall specify the method or methods
to be employed for disposing of property upon partial or complete termination
of the agreement;
(6)
Within the limitations provided by law, an interlocal cooperative
agreement may be changed or modified by majority consent of the interlocal
cooperative board of directors;
(7)
Except as otherwise specifically
provided in this Subchapter, any powers, privileges or
authority exercised or capable of being exercised by any school district of
this state, or by any board of education thereof, may be jointly exercised
pursuant to the provisions of an interlocal cooperative agreement. No powers,
privileges or authority with respect to the levy and collection of taxes or the
application for or receipt of State Aid formula money, or the issuance of bonds
shall be created or effectuated for joint exercise pursuant to the provisions
of an interlocal cooperative agreement; and
(8)
Payments from the general fund of
each school district which enters into any interlocal cooperative agreement for
the purpose of financing the joint or cooperative undertaking provided for by
the agreement shall be operating expenses. [70 O.S., Section 5-117b(A)
(1 - 8)]
(b)
Nothing contained in this Subchapter shall be
construed to abrogate, interfere with, impair, qualify or affect in any manner
the exercise and enjoyment of all the powers, privileges and authority
conferred upon school districts and boards of education by law, except that
boards of education and school districts are required to comply with the
provisions of this Subchapter when entering into an interlocal
cooperative agreement that meets the definition of an interlocal cooperative
agreement. [70 O.S., Section 117b (B)]
Notes
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