BIL: 3502
TYP: General Bill GB
INB: House
IND: 20010208
PSP: McGee
SPO: McGee, Askins, Coates, J. Hines and M. Hines
DDN: l:\council\bills\gjk\20170sd01.doc
RBY: Senate
LAD: 20010425
SUB: Cooperative Educational Service Centers Act of 2001, Colleges and
Universities, Schools and School Districts, Education
HST:
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 20020507 Committee report: Favorable 04 SED
Senate 20010426 Introduced, read first time, 04 SED
referred to Committee
House 20010426 Read third time, sent to Senate
House 20010425 Amended, read second time
------ 20010423 Scrivener's error corrected
House 20010419 Committee report: Favorable with 21 HEPW
amendment
House 20010208 Introduced, read first time, 21 HEPW
referred to Committee
Versions of This Bill
Revised on 20010419
Revised on 20010423
Revised on 20010425
Revised on 20020507
TXT:
1 COMMITTEE REPORT
2 May 7, 2002
3
4 H. 3502
5
6 Introduced by Reps. McGee, Askins, Coates, J. Hines and
7 M. Hines
8
9 S. Printed 5/7/02--S.
10 Read the first time April 26, 2001.
11
12
13 THE COMMITTEE ON EDUCATION
14 To whom was referred a Bill (H. 3502) to amend Title 59, Code
15 of Laws of South Carolina, 1976, relating to education, by adding
16 Chapter 22 so as to enact the “Cooperative Educational Service
17 Centers Act of 2001”, etc., respectfully
18 REPORT:
19 That they have duly and carefully considered the same and
20 recommend that the same do pass:
21
22 WARREN K. GIESE for Committee.
23
[3502-1]
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9 A BILL
10
11 TO AMEND TITLE 59, CODE OF LAWS OF SOUTH
12 CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING
13 CHAPTER 22 SO AS TO ENACT THE “COOPERATIVE
14 EDUCATIONAL SERVICE CENTERS ACT OF 2001” WHICH
15 AUTHORIZES THE CREATION OF REGIONAL
16 COOPERATIVE EDUCATIONAL SERVICE CENTERS BY
17 TWO OR MORE SCHOOL DISTRICTS OR BY A SCHOOL
18 DISTRICT AND A POST-SECONDARY INSTITUTION FOR
19 PROVIDING INSTRUCTIONAL, ADMINISTRATIVE, AND
20 OTHER SERVICES DESIRED BY THE PARTICIPATING
21 SCHOOL DISTRICTS OR INSTITUTIONS.
22
23 Be it enacted by the General Assembly of the State of South
24 Carolina:
25
26 SECTION 1. Title 59 of the 1976 Code is amended by adding:
27
28 “CHAPTER 22
29
30 Cooperative Educational Service Centers
31
32 Section 59-22-10. This chapter shall be known and may be
33 cited as the „Cooperative Educational Service Centers Act of
34 2001‟.
35
36 Section 59-22-20. The General Assembly declares that this
37 chapter is enacted to enhance and expand educational services to
38 the public schools in the State of South Carolina. In doing so, the
39 General Assembly authorizes the creation of cooperative
40 educational service centers to furnish services, authorized by law,
41 when those services are desirable and best offered through a shared
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1 effort between two or more school districts and which may include
2 one or more post-secondary institutions.
3
4 Section 59-22-30. As used in this chapter:
5 (1) „cooperative educational service center‟ means a nonprofit
6 regional educational service unit established by two or more school
7 districts that may also include one or more post-secondary
8 institutions designed to provide supporting, instructional,
9 administrative, or other services;
10 (2) „cooperative board‟ means the governing board of the
11 cooperative education service center;
12 (3) „post-secondary institution‟ means an institution of higher
13 learning;
14 (4) „school district‟ means any public school district existing
15 pursuant to law.
16
17 Section 59-22-40. (A) Two or more school districts that desire
18 to establish a cooperative educational service center for the
19 purpose of providing cooperative services shall enter into a written
20 agreement. The service center may also include one or more
21 post-secondary institutions as partners. The written agreement
22 shall set forth the names of the participating districts and
23 post-secondary institutions; the make-up, duties, and
24 responsibilities of its cooperative board; and all terms of the
25 cooperative relationship. The cooperative educational service
26 center shall then be formed through resolution of each of the
27 governing boards of the participating districts or institutions.
28 (B) The cooperative board shall be comprised of at least one
29 member representing each participating entity. The governing
30 board of each participating entity shall appoint their
31 representatives to serve on the cooperative board. This
32 appointment shall be at the pleasure of the appointing board.
33 (C) A cooperative educational service center agreement may be
34 amended to admit additional school districts or post-secondary
35 institutions provided the entities seeking admission certify through
36 resolution from their governing board the desire to be admitted to
37 the cooperative educational service center.
38
39 Section 59-22-50. The cooperative board shall:
40 (1) develop and adopt bylaws to include, but not be limited to,
41 purpose, representation, and membership to include resignation
42 and termination policies, duties and responsibilities, meeting
43 schedules, and other provisions as outlined in this act;
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1 (2) coordinate a cooperative effort to effectuate the general
2 improvement and expansion of educational services of all
3 participating entities;
4 (3) oversee the implementation of the cooperative effort to
5 improve and expand educational services of all participating
6 entities;
7 (4) implement fiscal policies and procedures to ensure fiscal
8 accountability of all funds appropriated to the center to effectuate
9 the general improvement and expansion of educational services of
10 all participating entities;
11 (5) hire employees necessary to coordinate activities,
12 programs, and services to effectuate the general improvement and
13 expansion of educational services of all participating entities; and
14 (6) keep accurate records of programs, activities, and services
15 utilized to effectuate the improvement and expansion of
16 educational services of all participating entities.
17
18 Section 59-22-60. Services performed under the direction of
19 the cooperative educational service center shall be financed by
20 appropriations from participating entities. These funds shall be
21 appropriated and expended for services in a proportion manner as
22 specified in the cooperative board bylaws. The General Assembly
23 shall not be obligated to provide direct funding to cooperative
24 educational service centers.
25
26 Section 59-22-70. The cooperative educational service center
27 may be granted powers as approved by its cooperative board.
28 Those powers may include, but not be limited to, the following:
29 (1) take and hold in the name of the cooperative educational
30 service center real and personal property reasonably necessary for
31 a purpose authorized by law;
32 (2) operate classes as authorized by the cooperative board;
33 (3) determine activities, programs, and facilities of the
34 cooperative educational service center to be operated and
35 maintained;
36 (4) select a depository for monies belonging to the cooperative
37 educational service center, and to invest funds in securities which
38 are legal investments for the State and its political subdivisions;
39 (5) construct, purchase, or lease sites, buildings, and equipment
40 for the purpose of providing the facilities necessary for the
41 operation of a cooperative educational service center at an
42 appropriate location. School district or institution monies that may
[3502] 3
1 be expended for facilities may be used for carrying out the
2 provisions of this item.
3
4 Section 59-22-80. The cooperative educational service center
5 may use allocations from the participating entities to match state
6 and federal funds, or funds from any other sources when
7 applicable, when the acceptance of financial assistance from other
8 agencies or sources requires matching of funds as a condition of
9 receiving the financial assistance.
10
11 Section 59-22-90. (A) A participating entity may refrain from
12 participation in a specific activity, program, or service proposed by
13 the cooperative educational service center by giving notice as
14 specified in the bylaws. If a participating entity declines
15 participation in the specific cooperative activity, program, or
16 service agreed to by the cooperative board and provided by the
17 educational service center, the entity shall not be required to
18 appropriate proportional funds for this service.
19 (B) A participating district or institution may withdraw from a
20 cooperative educational service center after giving notice as
21 provided in the bylaws and after satisfactorily completing all
22 specific contracts to which it was obligated.
23 (C) Upon the completion of all contracts or upon other
24 adequate discharge of its obligations, a cooperative educational
25 service center may be dissolved by resolution from the
26 participating entities‟ governing boards. Upon dissolving, all
27 assets acquired by the educational service center that were
28 principally owned by a participating entity shall be returned to that
29 entity. Any jointly acquired assets shall be disposed of in the
30 manner specified in the bylaws.
31
32 Section 59-22-100. Each cooperative educational service center
33 is declared to be a body corporate and politic and, in its name, may
34 sue and be sued, and be a party to contracts for any purpose
35 authorized by law.
36
37 Section 59-22-110. Cooperative educational service center
38 employees, through an agreed upon participating entity, are
39 eligible to participate in the retirement and insurance plans
40 available to employees of the participating entity.”
41
42 SECTION 2. This act takes effect upon approval by the Governor.
43 ----XX----
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