§ 6-13-1006 — Board of directors

(a) (1) (A) Each education service cooperative shall be governed by a board of directors consisting of one (1) representative appointed by a voted resolution of each school district board of directors within the boundary of the education service cooperative that is a member of the education service cooperative during a legally held meeting of the school district board of directors. (B) The resolution required under subdivision (a)(1)(A) of this section shall be: (i) Signed by both the president and the secretary of a school district board of directors; and (ii) Forwarded annually by June 30 to the director of the education service cooperative of which a school district is a member. (2) A representative who is appointed under subdivision (a)(1)(A) of this section may include one (1) of the following: (A) A superintendent of a school district within the boundary of an education service cooperative; (B) An individual employed by a school district within the boundary of an education service cooperative; (C) A member of a school district board of directors within the boundary of an education service cooperative; or (D) A member of a community that is within the boundary of an education service cooperative. (b) The board of directors of each established education service cooperative shall: (1) Function as a public corporate body; (2) (A) Meet, except as otherwise provided in § 6-13-1007 [repealed], at least eight (8) times each year. (B) (i) Each meeting of a board of directors of an education service cooperative shall be public. (ii) The board of directors of each education service cooperative shall make the minutes of each of its meetings publicly available within a reasonable amount of time following the conclusion of a meeting; and (3) Exercise general fiduciary responsibilities for the education service cooperative with regard to policies and practices which guard the integrity of the agency and maintain public trust in its operation. (c) The first meeting of the board of directors shall be held within thirty (30) days of January 1, 2024. (d) At its first regular meeting, the board of directors shall elect a chair. (e) (1) The term for a representative appointed under this section shall be two (2) years. (2) (A) Each representative shall hold over after the expiration of his or her term until his or her successor shall be duly appointed and qualified. (B) A school district board of directors within the boundary of an education service cooperative may reappoint an outgoing representative following the conclusion of his or her two-year term under this subsection. (C) A vacancy shall be filled by the school district board of directors that appointed the representative who previously served in the currently vacant position according to the requirements established by subsection (a) of this section. (f) Responsibilities of the board of directors, consistent with funds available, shall include without limitation the following: (1) Employment of a director of the education service cooperative who shall serve as the nonvoting executive officer of the board of directors; (2) Establishment of policies and procedures for the operation and management of the education service cooperative, which shall be in written form and shall be filed with the State Board of Education; (3) Preparation of an annual budget estimating income and expenditures for programs and services in accordance with procedures established by the state board; (4) Receipt and expenditure of funds needed to provide programs and services in the area; (5) Making such surveys or other inquiries which may be required to determine the service needs of school districts in the education service cooperative and developing plans to provide such needed services; (6) Employment, upon the recommendation of the director of the education service cooperative, of such personnel as may be required to provide the services requested by the school districts in the area; (7) Implementation of policies established by the state board for the operation of education service cooperatives; (8) Cooperation with other education service cooperatives, school districts, and other agencies to provide programs and services for children and adults residing within their respective areas; (9) For facilities and buildings as may be required to provide authorized programs and services: (A) Renting, leasing, purchasing, constructing, or receiving by gift; (B) Borrowing from the Revolving Loan Fund under § 6-20-818 ; or (C) Borrowing from other sources for limited or unusual circumstances upon approval of the Commissioner of Elementary and Secondary Education and the Secretary of the Department of Finance and Administration; and (10) Carrying out such other duties as may be required for the efficient operation of the education service cooperative for which the board of directors is responsible. (g) Members of the board of directors shall be paid per diem and mileage at the rate established by law for attending meetings of the board of directors. (h) In addition to evaluations required under § 6-13-1021 , each board of directors of an education service cooperative shall: (1) Compile data that demonstrates what, if any, improvement has been achieved with respect to the performance of students enrolled in public school districts within the boundary of the education service cooperative in light of the programs and services offered by the education service cooperative; and (2) Annually by July 1, provide the data compiled under subdivision (h)(1) of this section to each school district within the boundary of the education service cooperative.

Legislative History

Amended by Act 2023, No. 802,§ 2, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 3365, eff. 7/1/2019. Amended by Act 2017, No. 741,§ 1, eff. 8/1/2017. Acts 1985, No. 349, § 10; A.S.A. 1947, § 80-489.9; Acts 1999, No. 398, § 2; 2005, No. 1181, § 1.