CHAPTER 5. SPECIAL EDUCATION COOPERATIVES
IC 20-35-5
Chapter 5. Special Education Cooperatives
IC 20-35-5-1
Definitions
Sec. 1. The definitions in this section apply throughout thischapter.
(1) "Agreement" means an:
(A) identical resolution adopted by the governing body ofeach participating school corporation; or
(B) agreement approved by the governing body of eachparticipating school corporation;
providing for a special education cooperative.
(2) "Assessed valuation" of a participating school corporationfor a school year means the net assessed valuation of the schoolcorporation for the immediately preceding March 1, adjusted inthe same manner as any adjustment is made in determining theamount of state distribution for school support.
(3) "Board of managers" means the board or commissioncharged with the responsibility of administering the affairs ofa special education cooperative.
(4) "Governing body" of a participating school corporationmeans the board or commission charged by law with theresponsibility of administering the affairs of the schoolcorporation. In the case of a school township, the term meansthe township trustee and township board.
(5) "Participating school corporation" means a local publicschool corporation that:
(A) is established under Indiana law; and
(B) cooperates with other corporations in a special educationcooperative.
(6) "Percentage share" of a participating school corporation isthe percent that its assessed valuation bears to the total assessedvaluation of all the participating schools joining in anagreement.
(7) "Special education cooperative" means a department,school, or school corporation established, maintained, andsupervised for the education of children with disabilities inaccordance with this section.
As added by P.L.1-2005, SEC.19.
IC 20-35-5-2
Formation of special education cooperative
Sec. 2. Two (2) or more participating school corporations mayform a special education cooperative in accordance with theprovisions of either sections 13 through 15 of this chapter or section16 of this chapter, but subject to the limitations of this section andsections 3 through 8 of this chapter, by adopting an agreement thatcontains the following provisions:
(1) A plan for the organization, administration, and support for
the special education cooperative, including the establishmentof a board of managers.
(2) The commencement date of the establishment of the specialeducation cooperative, which must be contemporaneous withthe beginning of a school year.
(3) The extension of the special education cooperative for atleast five (5) school years and a provision that the specialeducation cooperative will extend from school year to schoolyear after the five (5) year period unless the special educationcooperative is terminated by action of the governing bodies ofa majority of the participating school corporations that is takenat least one (1) year before termination of the agreement.
As added by P.L.1-2005, SEC.19.
IC 20-35-5-3
Modification of special education cooperative agreement
Sec. 3. During the term of an agreement adopted under section 2of this chapter, the agreement may be modified by unanimousconsent of all the participating school corporations.
As added by P.L.1-2005, SEC.19.
IC 20-35-5-4
Special education cooperative agreement terms
Sec. 4. An agreement adopted under section 2 of this chapter mayinclude the following:
(1) An agreement to acquire sites, buildings, and equipment forthe sites and buildings by:
(A) purchase;
(B) lease from any of the participating school corporationsfor the term of the agreement; or
(C) lease under the provisions of IC 20-47-2 or IC 20-47-3.
(2) An agreement to repair, equip, and maintain schoolbuildings and equipment.
(3) An agreement that participating school corporations may usefunds from their respective capital projects fund to pay for thecosts under subdivision (1) or (2) or for any other purposesauthorized under IC 20-40-8.
As added by P.L.1-2005, SEC.19. Amended by P.L.2-2006, SEC.157.
IC 20-35-5-5
Funding
Sec. 5. The amount of money used from a participating schoolcorporation's capital projects fund shall be determined by agreementamong the participating school corporations.
As added by P.L.1-2005, SEC.19. Amended by P.L.2-2006, SEC.158.
IC 20-35-5-6
Costs
Sec. 6. The cost of the special education cooperative for eachschool year shall be paid by the participating school corporations in
accordance with the terms of their agreement. Agreements for thepayment of the cost of the special education cooperative may:
(1) establish a formula for payments that meet the needs of theschool corporations; or
(2) base payments on a percentage share formula.
As added by P.L.1-2005, SEC.19.
IC 20-35-5-7
Termination of agreement
Sec. 7. Upon the termination of the agreement, the participatingschool corporations shall be liable for their respective portions of anylong term lease or other long term obligations in the same annualportions as are provided in the agreement as though the agreementhad not been terminated, unless the terms under which theobligations were set up provide otherwise.
As added by P.L.1-2005, SEC.19.
IC 20-35-5-8
Employment of teachers
Sec. 8. A special education cooperative may employ teachers andissue teaching contracts in accordance with all the provisions forpublic teaching contracts. A teacher who has taught or is teaching ina participating school corporation who became or becomes a teacherin the special education cooperative retains semipermanent,permanent, or nonpermanent status in the participating schoolcorporation to the same extent as if the teacher had continuedteaching in the participating school corporation, and the teacher'semployment may be terminated solely by the board of managers ofthe special education cooperative.
As added by P.L.1-2005, SEC.19.
IC 20-35-5-9
Rights and privileges of teachers in participating schoolcorporation
Sec. 9. A teacher who:
(1) is employed by a special education cooperative; and
(2) previously taught in a participating school corporation;
retains all rights and privileges under IC 20-28-6, IC 20-28-7,IC 20-28-8, IC 20-28-9, and IC 20-28-10 to the same extent as if theteacher had continued teaching in the participating schoolcorporation.
As added by P.L.1-2005, SEC.19.
IC 20-35-5-10
Rights and privileges of teachers without existing service inparticipating school corporation
Sec. 10. A teacher who:
(1) is employed by a special education cooperative; and
(2) does not have existing years of service in any of theparticipating school corporations;shall be considered to be employed by the special educationcooperative and is entitled to the same rights and privileges underIC 20-28-6, IC 20-28-7, IC 20-28-8, IC 20-28-9, and IC 20-28-10 asif the teacher were employed by a school corporation.
As added by P.L.1-2005, SEC.19.
IC 20-35-5-11
Teacher recall lists
Sec. 11. If a teacher loses the teacher's job in a special educationcooperative due to:
(1) a reduction in services of;
(2) a reorganization of;
(3) the discontinuance of; or
(4) a withdrawal in whole or in part of a participating schoolcorporation from;
the special education cooperative, the teacher shall be added to therecall list of laid off teachers that is maintained by the participatingschool corporations, and the teacher shall be employed under theterms of the recall provisions of the participating school corporationsfor a special education job opening that occurs in any of theparticipating school corporations. In addition and during the time theformer special education cooperative teacher is entitled to remain onthe recall list, all teachers in the participating school corporationother than the former special education cooperative teacher retain allrights and privileges for job openings for which the other teachersare qualified and as granted by the collective bargaining agreementin effect at the participating school corporation or, if no provisionsof a collective bargaining agreement govern the rights and privileges,by the policy of the governing body, including provisions governinglayoffs and recall.
As added by P.L.1-2005, SEC.19.
IC 20-35-5-12
Rights and privileges of laid-off teacher
Sec. 12. If:
(1) a teacher loses the teacher's job in a special educationcooperative due to:
(A) a reduction in services of;
(B) a reorganization of;
(C) the discontinuance of; or
(D) a withdrawal in whole or in part of a participating schoolcorporation from;
the special education cooperative; and
(2) the teacher is employed by a participating schoolcorporation as described in section 11 of this chapter;
the teacher retains the rights and privileges under IC 20-28-6,IC 20-28-7, IC 20-28-8, IC 20-28-9, and IC 20-28-10 that the teacherheld at the time the teacher lost the job in the special educationcooperative as described in subdivision (1).
As added by P.L.1-2005, SEC.19.
IC 20-35-5-13
Fiscal accountability
Sec. 13. A special education cooperative may:
(1) be attached to a participating school corporation that hasresponsibility for administrative and financial controls; or
(2) establish a separate treasury with separate accounts.
If a special education cooperative is not attached to a participatingschool corporation, it must comply with the state board of accounts'approved forms and rules for fiscal accountability and is subject toaudit by the state board of accounts.
As added by P.L.1-2005, SEC.19.
IC 20-35-5-14
Operation by board of managers
Sec. 14. A special education cooperative may be operated andmanaged and its budget determined by a board of managers. Theboard of managers consists of one (1) designated member from eachparticipating school corporation. The designated member from aparticipating school corporation must be:
(1) the president (or trustee in the case of a school township) ofthe governing body of a participating school corporation;
(2) any member of the governing body whom the president ortrustee designates;
(3) the superintendent of a participating school corporationappointed by the president (or trustee in the case of a schooltownship) of the governing body of the participating schoolcorporation; or
(4) an assistant superintendent of a participating schoolcorporation appointed by the president (or trustee in the case ofa school township) of the governing body of the participatingschool corporation.
The president or trustee may change the designated member at anytime.
As added by P.L.1-2005, SEC.19.
IC 20-35-5-15
Meetings
Sec. 15. Meetings of the board of managers shall be held inaccordance with IC 20-26-4-3.
As added by P.L.1-2005, SEC.19. Amended by P.L.231-2005,SEC.47; P.L.1-2006, SEC.336.
IC 20-35-5-16
Organization
Sec. 16. The special education cooperative may be organized inaccordance with IC 20-26-10 or IC 36-1-7.
As added by P.L.1-2005, SEC.19.
IC 20-35-5-17
Teachers; discontinuance of special education cooperative Sec. 17. (a) A teacher who:
(1) has not retained a status as a semipermanent, permanent, ornonpermanent teacher with a participating school corporation;and
(2) loses the teacher's job in a special education cooperativebecause of a reduction in services or discontinuance of thecooperative;
shall be considered for any job opening for which the teacher isqualified that occurs in any of the participating school corporationsin the school year immediately following the reduction in services ordiscontinuance of the cooperative.
(b) A teacher employed under this section has the same rights andprivileges as teachers employed under IC 20-26-10-5 andIC 20-26-10-6.
As added by P.L.1-2005, SEC.19.