(1)Whenever the boards of education of two or more school districts or the board of
education of a school district and the governing board or governing agency of a
postsecondary institution desire to establish a board of cooperative services for the
purpose of providing cooperative services as set forth in this article and have so
certified to the commissioner of education and other interested boards by
appropriate resolution, the presidents of any two of the interested boards may call
a meeting of the duly appointed representatives of the interested boards. The
interested boards shall seek from the commissioner of education and the state
board for community colleges and occupational education any aid and assistance
that may be reasonably required, to the end that a proper plan
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(1)
Whenever the boards of education of two or more school districts or the board of
education of a school district and the governing board or governing agency of a
postsecondary institution desire to establish a board of cooperative services for the
purpose of providing cooperative services as set forth in this article and have so
certified to the commissioner of education and other interested boards by
appropriate resolution, the presidents of any two of the interested boards may call
a meeting of the duly appointed representatives of the interested boards. The
interested boards shall seek from the commissioner of education and the state
board for community colleges and occupational education any aid and assistance
that may be reasonably required, to the end that a proper plan of organization for
the board of cooperative services shall be accomplished. At this meeting the boards
which have previously and respectively adopted resolutions so authorizing may
enter into a proposed agreement to form a board of cooperative services, which
proposed agreement shall set forth the names of the participating districts and
postsecondary institutions and such other items as may be required. The
participating school districts and postsecondary institutions may then proceed to
form the board of cooperative services.
(2) (a) At a subsequent meeting, the boards which have approved
participation in a board of cooperative services shall agree upon the number of
members which are to compose the cooperative board; except that there shall be
no less than five members, and each participating board shall be entitled to at least
one member on the board of cooperative services.
(b) Each participating board of education of a school district shall then
appoint its assigned number of representatives, and one alternate for each, from its
membership; except that, if the board of cooperative services consists of a single
school district and a single postsecondary institution, the board of education may
appoint its representatives, and one alternate for each, from its membership or it
may appoint the superintendent of the school district as one of its assigned number
of representatives. The term of office of any member representing a board of
education of a school district who is also a member of the board of education shall
have the same expiration date as the term which the member is serving on the
board of education at the time of appointment to the board of cooperative services.
The term of office of any school district superintendent who is appointed to
represent the board of education of a school district shall not exceed three years;
except that, if the superintendent ceases to be an employee of the school district
while serving on the board of cooperative services, a vacancy shall exist on the
board of cooperative services.
(c) Each participating governing board or governing agency of a
postsecondary institution shall then appoint its assigned number of
representatives, and one alternate for each, from its membership or the governing
board or governing agency may appoint the chief executive officer of such
postsecondary institution as one of its assigned number of representatives. The
term of office of each member representing a governing board or governing agency
of a postsecondary institution shall not exceed three years; except that, if any
member of a board of cooperative services who represents a governing board or
governing agency of a postsecondary institution ceases to be a member of such
governing board or governing agency or the chief executive officer of such
postsecondary institution, a vacancy shall exist on the board of cooperative
services.
(d) As a term of office expires a replacement to the board of cooperative
services shall be appointed by the participating board within thirty days after the
expiration date. When other vacancies occur, they shall be filled by appointment by
the respective boards within thirty days from the date on which the vacancy occurs.
(e) (I) Upon agreement of all of the boards participating in a board of
cooperative services, one member of the board of cooperative services may be
jointly appointed by the participating boards from the public at large; however, such
member shall reside in the area served by the board of cooperative services. The
term of office of such member shall not exceed three years. As the term of office of
such member expires, a replacement to the board of cooperative services shall be
jointly appointed by the participating boards within thirty days after the expiration
date.
(II) In addition to the member appointed pursuant to subparagraph (I) of this
paragraph (e), the participating boards of a board of cooperative services consisting
of a single school district and a single postsecondary institution may jointly appoint
up to four members of the board of cooperative services from the public at large. A
member so appointed shall reside in the area served by the board of cooperative
services. The term of office of a member so appointed shall not exceed three years.
As the term of office of a member appointed pursuant to this subparagraph (II)
expires, a replacement to the board of cooperative services may be jointly
appointed by the participating boards within thirty days after the expiration date.
(3) The agreement to establish a board of cooperative services may be
amended to admit one or more additional school districts or postsecondary
institutions if the board of the school district or postsecondary institution seeking
admission shall certify by resolution a desire to be admitted to membership in the
board of cooperative services and if the board of cooperative services by resolution
agrees to the admission of the school district or postsecondary institution.
(4) A board of cooperative services shall meet at least quarterly. A quorum
shall consist of a simple majority of those members serving on a board of
cooperative services. In the absence of a regular member, the alternate, if present,
may be counted toward the required quorum and assume the prerogatives of the
regular member.
(5) A board of cooperative services may adopt a policy authorizing board
members to attend and participate in regular or special meetings electronically,
including participating by using video or audio conferencing technology that will
allow members of the board to view or hear each other during the meeting and fully
participate in the discussion and in voting; except that the board members shall
gather in one physical location for at least one of the quarterly meetings held each
year. The policy must address the method by which members of the public are
allowed access to any video or audio conference of the board of cooperative
services that is conducted pursuant to this subsection (5). In addition, the policy
must specify any agenda items that the board of cooperative services may not
consider during any video or audio conference conducted pursuant to this
subsection (5). A quorum exists at any video or audio conference held pursuant to
this subsection (5) if the number of members participating in the video or audio
conference equals the number necessary for a quorum pursuant to subsection (4)
of this section.