15-393. Joint technical education district
governing board; report; definition
(L10, Ch. 318, sec. 5. Eff. 7/1/11)
A. The management and control of the joint district are vested in the joint
technical education district governing board, including the content and quality of the
courses offered by the district, the quality of teachers who provide instruction on
behalf of the district, the salaries of teachers who provide instruction on behalf of the
district and the reimbursement of other entities for the facilities used by the district.
Unless the governing boards of the school districts participating in the formation of the
joint district vote to implement an alternative election system as provided in subsection
B of this section, the joint board shall consist of five members elected from five single
member districts formed within the joint district. The single member district election
system shall be submitted as part of the plan for the joint district pursuant to section
15-392 and shall be established in the plan as follows:
1. The governing boards of the school districts participating in the formation of
the joint district shall define the boundaries of the single member districts so that the
single member districts are as nearly equal in population as is practicable, except that
if the joint district lies in part in each of two or more counties, at least one single
member district may be entirely within each of the counties comprising the joint district
if this district design is consistent with the obligation to equalize the population
among single member districts.
2. The boundaries of each single member district shall follow election precinct
boundary lines, as far as practicable, in order to avoid further segmentation of the
precincts.
3. A person who is a registered voter of this state and who is a resident of the
single member district is eligible for election to the office of joint board member from
the single member district. The terms of office of the members of the joint board shall
be as prescribed in section 15-427, subsection B. An employee of a joint technical
education district or the spouse of an employee shall not hold membership on a governing
board of a joint technical education district by which the employee is employed. A member
of one school district governing board or joint technical education district governing
board is ineligible to be a candidate for nomination or election to or serve
simultaneously as a member of any other governing board, except that a member of a
governing board may be a candidate for nomination or election for any other governing
board if the member is serving in the last year of a term of office. A member of a
governing board shall resign the member's seat on the governing board before becoming a
candidate for nomination or election to the governing board of any other school district
or joint technical education district, unless the member of the governing board is
serving in the last year of a term of office.
4. Nominating petitions shall be signed by the number of qualified electors of the
single member district as provided in section 16-322.
B. The governing boards of the school districts participating in the formation of
the joint district may vote to implement any other alternative election system for the
election of joint district board members. If an alternative election system is selected,
it shall be submitted as part of the plan for the joint district pursuant to section
15-392, and the implementation of the system shall be as approved by the United States
justice department.
C. The joint technical education district shall be subject to the following
provisions of this title:
1. Chapter 1, articles 1 through 6.
2. Sections 15-208, 15-210, 15-213 and 15-234.
3. Articles 2, 3 and 5 of this chapter.
4. Section 15-361.
5. Chapter 4, articles 1, 2 and 5.
6. Chapter 5, articles 1, 2 and 3.
7. Sections 15-701.01, 15-722, 15-723, 15-724, 15-727, 15-728, 15-729 and 15-730.
8. Chapter 7, article 5.
9. Chapter 8, articles 1, 3 and 4.
10. Sections 15-828 and 15-829.
11. Chapter 9, article 1, article 6, except for section 15-995, and article 7.
12. Sections 15-941, 15-943.01, 15-948, 15-952, 15-953 and 15-973.
13. Sections 15-1101 and 15-1104.
14. Chapter 10, articles 2, 3, 4 and 8.
D. Notwithstanding subsection C of this section, the following apply to a joint
technical education district:
1. A joint district may issue bonds for the purposes specified in section 15-1021
and in chapter 4, article 5 of this title to an amount in the aggregate, including the
existing indebtedness, not exceeding one per cent of the taxable property used for
secondary tax purposes, as determined pursuant to title 42, chapter 15, article 1, within
the joint technical education district as ascertained by the last property tax assessment
previous to issuing the bonds.
2. The number of governing board members for a joint district shall be as
prescribed in subsection A of this section.
3. If a career and technical education and vocational education course or program
provided pursuant to this article is provided in a facility owned or operated by a school
district in which a pupil is enrolled, including satellite courses, the sum of the daily
attendance, as provided in section 15-901, subsection A, paragraph 5, for that pupil in
both the school district and joint technical education district shall not exceed 1.25 and
the sum of the fractional student enrollment, as provided in section 15-901, subsection
A, paragraph 1, subdivision (a), shall not exceed 1.25 for the courses taken in the
school district and the facility, including satellite courses. The school district and
the joint district shall determine the apportionment of the daily attendance and
fractional student enrollment for that pupil between the school district and the joint
district.
4. The student count for the first year of operation of a joint technical education
district as provided in this article shall be determined as follows:
(a) Determine the estimated student count for joint district classes that will
operate in the first year of operation. This estimate shall be based on actual
registration of pupils as of March 30 scheduled to attend classes that will be operated
by the joint district. The student count for the district of residence of the pupils
registered at the joint district shall be adjusted. The adjustment shall cause the
district of residence to reduce the student count for the pupil to reflect the courses to
be taken at the joint district. The district of residence shall review and approve the
adjustment of its own student count as provided in this subdivision before the pupils
from the school district can be added to the student count of the joint district.
(b) The student count for the new joint district shall be the student count as
determined in subdivision (a) of this paragraph.
(c) After the first one hundred days or two hundred days in session, as applicable,
for the first year of operation, the joint district shall revise the student count to the
actual student count for students attending classes in the joint district. A joint
district shall revise its student count, the base support level as provided in section
15-943.02, the revenue control limit as provided in section 15-944.01, the capital outlay
revenue limit and the soft capital allocation as provided in section 15-962.01 prior to
May 15. A joint district that overestimated its student count shall revise its budget
prior to May 15. A joint district that underestimated its student count may revise its
budget prior to May 15.
(d) After the first one hundred days or two hundred days in session, as applicable,
for the first year of operation, the district of residence shall adjust its student count
by reducing it to reflect the courses actually taken at the joint district. The district
of residence shall revise its student count, the base support level as provided in
section 15-943, the revenue control limit as provided in section 15-944, the capital
outlay revenue limit as provided in section 15-961 and the soft capital allocation as
provided in section 15-962 prior to May 15. A district that underestimated the student
count for students attending the joint district shall revise its budget prior to May 15.
A district that overestimated the student count for students attending the joint district
may revise its budget prior to May 15.
(e) A joint district for the first year of operation shall not be eligible for
adjustment pursuant to section 15-948.
(f) The procedures for implementing this paragraph shall be as prescribed in the
uniform system of financial records.
(g) If the district of residence utilizes section 15-942 to determine its student
count, the district shall reduce its student count as provided in this paragraph by
subtracting the appropriate count from the student count determined as provided in
section 15-942.
For the purposes of this paragraph, "district of residence" means the district that
included the pupil in its average daily membership for the year before the first year of
operation of the joint district and that would have included the pupil in its student
count for the purposes of computing its base support level for the fiscal year of the
first year of operation of the joint district if the pupil had not enrolled in the joint
district.
(h) Pupils in an approved joint technical education district centralized program
may generate an average daily attendance of 1.0 for attendance hours during any hour of
the day, during any day of the week and at any time between July 1 and June 30 of each
fiscal year.
5. A student includes any person enrolled in the joint district without regard to
the person's age or high school graduation status, except that:
(a) A student in a kindergarten program or in grades one through eight who enrolls
in courses offered by the joint technical education district shall not be included in the
joint district's average daily membership.
(b) A student in a kindergarten program or in grades one through eight who is
enrolled in vocational education courses shall not be funded in whole or in part with
monies provided by a joint technical education district.
(c) A student who is over twenty-two years of age shall not be included in the
student count of the joint district for the purposes of chapter 9, articles 3, 4 and 5 of
this title.
(d) A student in grade nine who enrolls in a career exploration course shall not be
included in the joint district's average daily membership.
6. A joint district may operate for more than one hundred seventy-five days per
year, with expanded hours of service.
7. A joint district may use the excess utility costs provisions of section 15-910
in the same manner as a school district for fiscal years 1999-2000 and 2000-2001, except
that the base year shall be the first full fiscal year of operations.
8. A joint district may use the carryforward provisions of section 15-943.01
retroactively to July 1, 1993.
9. A school district that is part of a joint district shall use any monies received
pursuant to this article to supplement and not supplant base year career and technical
education and vocational education courses, and directly related equipment and
facilities, except that a school district that is part of a joint technical education
district and that has used monies received pursuant to this article to supplant career
and technological education and vocational education courses that were offered before the
first year that the school district participated in the joint district or the first year
that the school district used monies received pursuant to this article or that used the
monies for purposes other than for career and technological education and vocational
education courses shall use one hundred per cent of the monies received pursuant to this
article to supplement and not supplant base year career and technical education and
vocational education courses.
10. A joint technical education district shall use any monies received pursuant to
this article to enhance and not supplant career and technical education and vocational
education courses and directly related equipment and facilities.
11. A joint technical education district or a school district that is part of a
joint district shall only include pupils in grades nine through twelve in the calculation
of average daily membership if the pupils are enrolled in courses that are approved
jointly by the governing board of the joint technical education district and each
participating school district for satellite courses taught within the participating
school district, or approved solely by the joint technical education district for
centrally located courses. Average daily membership from courses that are not part of an
approved program for career and technical education shall not be included in average
daily membership of a joint technical education district. A student in grade nine who
enrolls in a career exploration course shall not be included in the joint district's
average daily membership.
E. The joint board shall appoint a superintendent as the executive officer of the
joint district.
F. Taxes may be levied for the support of the joint district as prescribed in
chapter 9, article 6 of this title, except that a joint technical education district
shall not levy a property tax pursuant to law that exceeds five cents per one hundred
dollars assessed valuation except for bond monies pursuant to subsection D, paragraph 1
of this section. Except for the taxes levied pursuant to section 15-994, such taxes
shall be obtained from a levy of taxes on the taxable property used for secondary tax
purposes.
G. The schools in the joint district are available to all persons who reside in the
joint district subject to the rules for admission prescribed by the joint board.
H. The joint board may collect tuition for adult students and the attendance of
pupils who are residents of school districts that are not participating in the joint
district pursuant to arrangements made between the governing board of the district and
the joint board.
I. The joint board may accept gifts, grants, federal monies, tuition and other
allocations of monies to erect, repair and equip buildings and for the cost of operation
of the schools of the joint district.
J. One member of the joint board shall be selected chairman. The chairman shall be
selected annually on a rotation basis from among the participating school districts. The
chairman of the joint board shall be a voting member.
K. A joint board and a community college district may enter into agreements for the
provision of administrative, operational and educational services and facilities.
L. Any agreement between the governing board of a joint technical education
district and another joint technical education district, a school district, a charter
school or a community college district shall be in the form of an intergovernmental
agreement or other written contract. The auditor general shall modify the uniform system
of financial records and budget forms in accordance with this subsection. The
intergovernmental agreement or other written contract shall completely and accurately
specify each of the following:
1. The financial provisions of the intergovernmental agreement or other written
contract and the format for the billing of all services.
2. The accountability provisions of the intergovernmental agreement or other
written contract.
3. The responsibilities of each joint technical education district, each school
district, each charter school and each community college district that is a party to the
intergovernmental agreement or other written contract.
4. The type of instruction that will be provided under the intergovernmental
agreement or other written contract, including individualized education programs pursuant
to section 15-763.
5. The quality of the instruction that will be provided under the intergovernmental
agreement or other written contract.
6. The transportation services that will be provided under the intergovernmental
agreement or other written contract and the manner in which transportation costs will be
paid.
7. The amount that the joint technical education district will contribute to a
course and the amount of support required by the school district or the community
college.
8. That the services provided by the joint technical education district, the school
district, the charter school or the community college district be proportionally
calculated in the cost of delivering the service.
9. That the payment for services shall not exceed the cost of the services
provided.
10. That any initial intergovernmental agreement or other written contract and any
addendums between the governing board of a joint technical education district and another
joint technical education district, a school district, a charter school or a community
college district be submitted by the joint technical education district to the joint
legislative budget committee for review.
M. On or before December 31 of each year, each joint technical education district
shall submit a detailed report to the career and technical education division of the
department of education. The career and technical education division of the department of
education shall collect, summarize and analyze the data submitted by the joint districts,
shall submit an annual report that summarizes the data submitted by the joint districts
to the governor, the speaker of the house of representatives, the president of the senate
and the state board of education and shall submit a copy of this report to the secretary
of state. The data submitted by each joint technical education district shall include
the following:
1. The average daily membership of the joint district.
2. The program listings and program descriptions of programs offered by the joint
district, including the course sequences for each program.
3. The costs associated with each program offered by the joint district.
4. The completion rate for each program offered by the joint district. For the
purposes of this paragraph, "completion rate" means the completion rate for students who
are designated as concentrators in that program by the department of education under the
career and technology approved plan.
5. The graduation rate from the school district of residence of students who have
completed a program in the joint district.
6. A detailed description of the career opportunities available to students after
completion of the program offered by the joint district.
7. A detailed description of the career placement of students who have completed
the program offered by the joint district.
8. Any other data deemed necessary by the department of education to carry out its
duties under this subsection.
N. If the career and technical education division of the department of education
determines that a course does not meet the criteria for approval as a joint technical
education course, the governing board of the joint technical education district may
appeal this decision to the state board of education acting as the state board of
vocational education.
O. Notwithstanding any other law, the average daily membership of a pupil who is
enrolled in a course that meets for at least one hundred fifty minutes per class period
at a centralized campus owned and operated by a joint technical education district shall
be 0.75. The sum of daily attendance, as provided in section 15-901, subsection A,
paragraph 6 and the sum of the fractional student enrollment, as provided in section
15-901, subsection A, paragraph 2, subdivision (a), for that pupil in both the member
school district and joint technical education district courses provided at a community
college pursuant to subsection K of this section or at a facility owned and operated by a
joint technical education district that is not located on a site of a member district
shall not exceed 1.75. The member school district and the joint district shall determine
the apportionment of the daily attendance and student enrollment for that pupil between
the member school district and the joint district, except the amount apportioned shall
not exceed 1.0 for either entity.
P. For the purposes of this section, "base year" means the complete school year in
which voters of a school district elected to join a joint technical education district.
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