Oklahoma Administrative Code › Title 210 - State Department of Education › Chapter 1 - State Board of Education › Subchapter 9 - Interlocal Cooperative Agreements › Section 210:1-9-4 - Conditions applicable to interlocal cooperative agreements

Current through Vol. 41, No. 20, July 1, 2024
(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)]