IC 20-35-5
Chapter 5. Special Education Cooperatives
IC 20-35-5-1 Definitions
Sec. 1. The definitions in this section apply throughout this
chapter.
(1) "Agreement" means an:
(A) identical resolution adopted by the governing body of
each participating school corporation; or
(B) agreement approved by the governing body of each
participating school corporation;
providing for a special education cooperative.
(2) "Assessed valuation" of a participating school corporation
for a school year means the net assessed valuation of the school
corporation for the immediately preceding March 1, adjusted in
the same manner as any adjustment is made in determining the
amount of state distribution for school support.
(3) "Board of managers" means the board or commission
charged with the responsibility of administering the affairs of
a special education cooperative.
(4) "Governing body" of a participating school corporation
means the board or commission charged by law with the
responsibility of administering the affairs of the school
corporation. In the case of a school township, the term means
the township trustee and township board.
(5) "Participating school corporation" means a local public
school corporation that:
(A) is established under Indiana law; and
(B) cooperates with other corporations in a special education
cooperative.
(6) "Percentage share" of a participating school corporation is
the percent that its assessed valuation bears to the total assessed
valuation of all the participating schools joining in an
agreement.
(7) "Special education cooperative" means a department,
school, or school corporation established, maintained, and
supervised for the education of children with disabilities in
accordance 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 may
form a special education cooperative in accordance with the
provisions of either sections 13 through 15 of this chapter or section
16 of this chapter, but subject to the limitations of this section and
sections 3 through 8 of this chapter, by adopting an agreement that
contains the following provisions:
(1) A plan for the organization, administration, and support for
the special education cooperative, including the establishment
of a board of managers.
(2) The commencement date of the establishment of the special
education cooperative, which must be contemporaneous with
the beginning of a school year.
(3) The extension of the special education cooperative for at
least five (5) school years and a provision that the special
education cooperative will extend from school year to school
year after the five (5) year period unless the special education
cooperative is terminated by action of the governing bodies of
a majority of the participating school corporations that is taken
at 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 2
of this chapter, the agreement may be modified by unanimous
consent 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 may
include the following:
(1) An agreement to acquire sites, buildings, and equipment for
the sites and buildings by:
(A) purchase;
(B) lease from any of the participating school corporations
for 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 school
buildings and equipment.
(3) An agreement that participating school corporations may use
funds from their respective capital projects fund to pay for the
costs under subdivision (1) or (2) or for any other purposes
authorized 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 school
corporation's capital projects fund shall be determined by agreement
among 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 each
school year shall be paid by the participating school corporations in
accordance with the terms of their agreement. Agreements for the
payment of the cost of the special education cooperative may:
(1) establish a formula for payments that meet the needs of the
school 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 participating
school corporations shall be liable for their respective portions of any
long term lease or other long term obligations in the same annual
portions as are provided in the agreement as though the agreement
had not been terminated, unless the terms under which the
obligations 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 and
issue teaching contracts in accordance with all the provisions for
public teaching contracts. A teacher who has taught or is teaching in
a participating school corporation who became or becomes a teacher
in the special education cooperative retains semipermanent,
permanent, or nonpermanent status in the participating school
corporation to the same extent as if the teacher had continued
teaching in the participating school corporation, and the teacher's
employment may be terminated solely by the board of managers of
the special education cooperative. As added by P.L.1-2005, SEC.19.
IC 20-35-5-9 Rights and privileges of teachers in participating school
corporation
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 the
teacher had continued teaching in the participating school
corporation. As added by P.L.1-2005, SEC.19.
IC 20-35-5-10 Rights and privileges of teachers without existing service in
participating 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 the
participating school corporations;
shall be considered to be employed by the special education
cooperative and is entitled to the same 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 as
if 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 education
cooperative 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 school
corporation from;
the special education cooperative, the teacher shall be added to the
recall list of laid off teachers that is maintained by the participating
school corporations, and the teacher shall be employed under the
terms of the recall provisions of the participating school corporations
for a special education job opening that occurs in any of the
participating school corporations. In addition and during the time the
former special education cooperative teacher is entitled to remain on
the recall list, all teachers in the participating school corporation
other than the former special education cooperative teacher retain all
rights and privileges for job openings for which the other teachers
are qualified and as granted by the collective bargaining agreement
in effect at the participating school corporation or, if no provisions
of a collective bargaining agreement govern the rights and privileges,
by the policy of the governing body, including provisions governing
layoffs 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 education
cooperative 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 school
corporation from;
the special education cooperative; and
(2) the teacher is employed by a participating school
corporation 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 teacher
held at the time the teacher lost the job in the special education
cooperative 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 has
responsibility for administrative and financial controls; or
(2) establish a separate treasury with separate accounts.
If a special education cooperative is not attached to a participating
school corporation, it must comply with the state board of accounts'
approved forms and rules for fiscal accountability and is subject to
audit 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 and
managed and its budget determined by a board of managers. The
board of managers consists of one (1) designated member from each
participating school corporation. The designated member from a
participating school corporation must be:
(1) the president (or trustee in the case of a school township) of
the governing body of a participating school corporation;
(2) any member of the governing body whom the president or
trustee designates;
(3) the superintendent of a participating school corporation
appointed by the president (or trustee in the case of a school
township) of the governing body of the participating school
corporation; or
(4) an assistant superintendent of a participating school
corporation appointed by the president (or trustee in the case of
a school township) of the governing body of the participating
school corporation.
The president or trustee may change the designated member at any
time. 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 in
accordance 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 in
accordance 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, or
nonpermanent teacher with a participating school corporation;
and
(2) loses the teacher's job in a special education cooperative
because of a reduction in services or discontinuance of the
cooperative;
shall be considered for any job opening for which the teacher is
qualified that occurs in any of the participating school corporations
in the school year immediately following the reduction in services or
discontinuance of the cooperative.
(b) A teacher employed under this section has the same rights and
privileges as teachers employed under IC 20-26-10-5 and
IC 20-26-10-6. As added by P.L.1-2005, SEC.19.
IC 20-35-5
Chapter 5. Special Education Cooperatives
IC 20-35-5-1 Definitions
Sec. 1. The definitions in this section apply throughout this
chapter.
(1) "Agreement" means an:
(A) identical resolution adopted by the governing body of
each participating school corporation; or
(B) agreement approved by the governing body of each
participating school corporation;
providing for a special education cooperative.
(2) "Assessed valuation" of a participating school corporation
for a school year means the net assessed valuation of the school
corporation for the immediately preceding March 1, adjusted in
the same manner as any adjustment is made in determining the
amount of state distribution for school support.
(3) "Board of managers" means the board or commission
charged with the responsibility of administering the affairs of
a special education cooperative.
(4) "Governing body" of a participating school corporation
means the board or commission charged by law with the
responsibility of administering the affairs of the school
corporation. In the case of a school township, the term means
the township trustee and township board.
(5) "Participating school corporation" means a local public
school corporation that:
(A) is established under Indiana law; and
(B) cooperates with other corporations in a special education
cooperative.
(6) "Percentage share" of a participating school corporation is
the percent that its assessed valuation bears to the total assessed
valuation of all the participating schools joining in an
agreement.
(7) "Special education cooperative" means a department,
school, or school corporation established, maintained, and
supervised for the education of children with disabilities in
accordance 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 may
form a special education cooperative in accordance with the
provisions of either sections 13 through 15 of this chapter or section
16 of this chapter, but subject to the limitations of this section and
sections 3 through 8 of this chapter, by adopting an agreement that
contains the following provisions:
(1) A plan for the organization, administration, and support for
the special education cooperative, including the establishment
of a board of managers.
(2) The commencement date of the establishment of the special
education cooperative, which must be contemporaneous with
the beginning of a school year.
(3) The extension of the special education cooperative for at
least five (5) school years and a provision that the special
education cooperative will extend from school year to school
year after the five (5) year period unless the special education
cooperative is terminated by action of the governing bodies of
a majority of the participating school corporations that is taken
at 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 2
of this chapter, the agreement may be modified by unanimous
consent 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 may
include the following:
(1) An agreement to acquire sites, buildings, and equipment for
the sites and buildings by:
(A) purchase;
(B) lease from any of the participating school corporations
for 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 school
buildings and equipment.
(3) An agreement that participating school corporations may use
funds from their respective capital projects fund to pay for the
costs under subdivision (1) or (2) or for any other purposes
authorized 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 school
corporation's capital projects fund shall be determined by agreement
among 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 each
school year shall be paid by the participating school corporations in
accordance with the terms of their agreement. Agreements for the
payment of the cost of the special education cooperative may:
(1) establish a formula for payments that meet the needs of the
school 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 participating
school corporations shall be liable for their respective portions of any
long term lease or other long term obligations in the same annual
portions as are provided in the agreement as though the agreement
had not been terminated, unless the terms under which the
obligations 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 and
issue teaching contracts in accordance with all the provisions for
public teaching contracts. A teacher who has taught or is teaching in
a participating school corporation who became or becomes a teacher
in the special education cooperative retains semipermanent,
permanent, or nonpermanent status in the participating school
corporation to the same extent as if the teacher had continued
teaching in the participating school corporation, and the teacher's
employment may be terminated solely by the board of managers of
the special education cooperative. As added by P.L.1-2005, SEC.19.
IC 20-35-5-9 Rights and privileges of teachers in participating school
corporation
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 the
teacher had continued teaching in the participating school
corporation. As added by P.L.1-2005, SEC.19.
IC 20-35-5-10 Rights and privileges of teachers without existing service in
participating 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 the
participating school corporations;
shall be considered to be employed by the special education
cooperative and is entitled to the same 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 as
if 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 education
cooperative 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 school
corporation from;
the special education cooperative, the teacher shall be added to the
recall list of laid off teachers that is maintained by the participating
school corporations, and the teacher shall be employed under the
terms of the recall provisions of the participating school corporations
for a special education job opening that occurs in any of the
participating school corporations. In addition and during the time the
former special education cooperative teacher is entitled to remain on
the recall list, all teachers in the participating school corporation
other than the former special education cooperative teacher retain all
rights and privileges for job openings for which the other teachers
are qualified and as granted by the collective bargaining agreement
in effect at the participating school corporation or, if no provisions
of a collective bargaining agreement govern the rights and privileges,
by the policy of the governing body, including provisions governing
layoffs 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 education
cooperative 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 school
corporation from;
the special education cooperative; and
(2) the teacher is employed by a participating school
corporation 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 teacher
held at the time the teacher lost the job in the special education
cooperative 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 has
responsibility for administrative and financial controls; or
(2) establish a separate treasury with separate accounts.
If a special education cooperative is not attached to a participating
school corporation, it must comply with the state board of accounts'
approved forms and rules for fiscal accountability and is subject to
audit 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 and
managed and its budget determined by a board of managers. The
board of managers consists of one (1) designated member from each
participating school corporation. The designated member from a
participating school corporation must be:
(1) the president (or trustee in the case of a school township) of
the governing body of a participating school corporation;
(2) any member of the governing body whom the president or
trustee designates;
(3) the superintendent of a participating school corporation
appointed by the president (or trustee in the case of a school
township) of the governing body of the participating school
corporation; or
(4) an assistant superintendent of a participating school
corporation appointed by the president (or trustee in the case of
a school township) of the governing body of the participating
school corporation.
The president or trustee may change the designated member at any
time. 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 in
accordance 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 in
accordance 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, or
nonpermanent teacher with a participating school corporation;
and
(2) loses the teacher's job in a special education cooperative
because of a reduction in services or discontinuance of the
cooperative;
shall be considered for any job opening for which the teacher is
qualified that occurs in any of the participating school corporations
in the school year immediately following the reduction in services or
discontinuance of the cooperative.
(b) A teacher employed under this section has the same rights and
privileges as teachers employed under IC 20-26-10-5 and
IC 20-26-10-6. As added by P.L.1-2005, SEC.19.
IC 20-35-5
Chapter 5. Special Education Cooperatives
IC 20-35-5-1 Definitions
Sec. 1. The definitions in this section apply throughout this
chapter.
(1) "Agreement" means an:
(A) identical resolution adopted by the governing body of
each participating school corporation; or
(B) agreement approved by the governing body of each
participating school corporation;
providing for a special education cooperative.
(2) "Assessed valuation" of a participating school corporation
for a school year means the net assessed valuation of the school
corporation for the immediately preceding March 1, adjusted in
the same manner as any adjustment is made in determining the
amount of state distribution for school support.
(3) "Board of managers" means the board or commission
charged with the responsibility of administering the affairs of
a special education cooperative.
(4) "Governing body" of a participating school corporation
means the board or commission charged by law with the
responsibility of administering the affairs of the school
corporation. In the case of a school township, the term means
the township trustee and township board.
(5) "Participating school corporation" means a local public
school corporation that:
(A) is established under Indiana law; and
(B) cooperates with other corporations in a special education
cooperative.
(6) "Percentage share" of a participating school corporation is
the percent that its assessed valuation bears to the total assessed
valuation of all the participating schools joining in an
agreement.
(7) "Special education cooperative" means a department,
school, or school corporation established, maintained, and
supervised for the education of children with disabilities in
accordance 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 may
form a special education cooperative in accordance with the
provisions of either sections 13 through 15 of this chapter or section
16 of this chapter, but subject to the limitations of this section and
sections 3 through 8 of this chapter, by adopting an agreement that
contains the following provisions:
(1) A plan for the organization, administration, and support for
the special education cooperative, including the establishment
of a board of managers.
(2) The commencement date of the establishment of the special
education cooperative, which must be contemporaneous with
the beginning of a school year.
(3) The extension of the special education cooperative for at
least five (5) school years and a provision that the special
education cooperative will extend from school year to school
year after the five (5) year period unless the special education
cooperative is terminated by action of the governing bodies of
a majority of the participating school corporations that is taken
at 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 2
of this chapter, the agreement may be modified by unanimous
consent 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 may
include the following:
(1) An agreement to acquire sites, buildings, and equipment for
the sites and buildings by:
(A) purchase;
(B) lease from any of the participating school corporations
for 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 school
buildings and equipment.
(3) An agreement that participating school corporations may use
funds from their respective capital projects fund to pay for the
costs under subdivision (1) or (2) or for any other purposes
authorized 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 school
corporation's capital projects fund shall be determined by agreement
among 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 each
school year shall be paid by the participating school corporations in
accordance with the terms of their agreement. Agreements for the
payment of the cost of the special education cooperative may:
(1) establish a formula for payments that meet the needs of the
school 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 participating
school corporations shall be liable for their respective portions of any
long term lease or other long term obligations in the same annual
portions as are provided in the agreement as though the agreement
had not been terminated, unless the terms under which the
obligations 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 and
issue teaching contracts in accordance with all the provisions for
public teaching contracts. A teacher who has taught or is teaching in
a participating school corporation who became or becomes a teacher
in the special education cooperative retains semipermanent,
permanent, or nonpermanent status in the participating school
corporation to the same extent as if the teacher had continued
teaching in the participating school corporation, and the teacher's
employment may be terminated solely by the board of managers of
the special education cooperative. As added by P.L.1-2005, SEC.19.
IC 20-35-5-9 Rights and privileges of teachers in participating school
corporation
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 the
teacher had continued teaching in the participating school
corporation. As added by P.L.1-2005, SEC.19.
IC 20-35-5-10 Rights and privileges of teachers without existing service in
participating 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 the
participating school corporations;
shall be considered to be employed by the special education
cooperative and is entitled to the same 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 as
if 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 education
cooperative 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 school
corporation from;
the special education cooperative, the teacher shall be added to the
recall list of laid off teachers that is maintained by the participating
school corporations, and the teacher shall be employed under the
terms of the recall provisions of the participating school corporations
for a special education job opening that occurs in any of the
participating school corporations. In addition and during the time the
former special education cooperative teacher is entitled to remain on
the recall list, all teachers in the participating school corporation
other than the former special education cooperative teacher retain all
rights and privileges for job openings for which the other teachers
are qualified and as granted by the collective bargaining agreement
in effect at the participating school corporation or, if no provisions
of a collective bargaining agreement govern the rights and privileges,
by the policy of the governing body, including provisions governing
layoffs 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 education
cooperative 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 school
corporation from;
the special education cooperative; and
(2) the teacher is employed by a participating school
corporation 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 teacher
held at the time the teacher lost the job in the special education
cooperative 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 has
responsibility for administrative and financial controls; or
(2) establish a separate treasury with separate accounts.
If a special education cooperative is not attached to a participating
school corporation, it must comply with the state board of accounts'
approved forms and rules for fiscal accountability and is subject to
audit 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 and
managed and its budget determined by a board of managers. The
board of managers consists of one (1) designated member from each
participating school corporation. The designated member from a
participating school corporation must be:
(1) the president (or trustee in the case of a school township) of
the governing body of a participating school corporation;
(2) any member of the governing body whom the president or
trustee designates;
(3) the superintendent of a participating school corporation
appointed by the president (or trustee in the case of a school
township) of the governing body of the participating school
corporation; or
(4) an assistant superintendent of a participating school
corporation appointed by the president (or trustee in the case of
a school township) of the governing body of the participating
school corporation.
The president or trustee may change the designated member at any
time. 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 in
accordance 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 in
accordance 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, or
nonpermanent teacher with a participating school corporation;
and
(2) loses the teacher's job in a special education cooperative
because of a reduction in services or discontinuance of the
cooperative;
shall be considered for any job opening for which the teacher is
qualified that occurs in any of the participating school corporations
in the school year immediately following the reduction in services or
discontinuance of the cooperative.
(b) A teacher employed under this section has the same rights and
privileges as teachers employed under IC 20-26-10-5 and
IC 20-26-10-6. As added by P.L.1-2005, SEC.19.
