State Codes and Statutes

Statutes > Wyoming > Title21 > Chapter20

CHAPTER 20 - COOPERATIVE EDUCATIONAL SERVICES

 

ARTICLE 1 - IN GENERAL

 

21-20-101. Short title.

 

Thisact may be cited as "The Boards of Cooperative Educational ServicesAct".

 

21-20-102. Purpose.

 

The purpose of this act is to provide amethod whereby school districts and community college districts or anycombination may work together and cooperate to provide educational services,including but not limited to postsecondary education, vocational-technicaleducation, adult education and services for children with disabilities, whenthe services can be more effectively provided through a cooperative effort.Educational services provided under this act by or in cooperation with publicschools shall be subject to the standards for educational programs imposedunder W.S. 21-9-101 and 21-9-102, and by rule and regulation of the stateboard.

 

21-20-103. Definitions.

 

(a) As used in this act:

 

(i) "Assessed value" means the total assessed valueof the member school district or community college district;

 

(ii) "Board of trustees" means the board of trusteesof any school district within the state or the community college district boardof any community college within the state;

 

(iii) "Post secondary education" means educationprograms offered by any accredited Wyoming college, the University of Wyomingor any accredited college or university outside of Wyoming if services are unavailablein Wyoming;

 

(iv) "This act" means W.S. 21-20-101 through21-20-111.

 

21-20-104. Board of cooperative educational services; generally.

 

(a) If two (2) or more boards of trustees desire to establish aboard of cooperative services for the purpose of providing cooperativeeducational services and if the services can be provided more effectivelythrough a cooperative effort, the boards of trustees of the interesteddistricts, a majority of whose members respectively vote in favor of doing so,may enter into an agreement to form a board of cooperative educationalservices. The agreement shall specify among other things the length of term ofthe agreement, the rights, responsibilities and obligations of eachparticipating district, the types of services to be rendered, the procedure forthe establishment of additional services and the procedure for the inclusion ofadditional districts within the cooperative educational services program. Theagreement shall also provide a method for the amendment and dissolution of theagreement with the consent of each participating district. Any agreement toform a board of cooperative educational services entered into between theparticipating districts shall be approved by the state board of education.

 

(b) The boards of trustees agreeing to participate in the boardof cooperative educational services shall appoint members of the participatingboards of trustees to a board of cooperative educational services. Theappointed board shall be composed of not less than five (5) nor more than nine(9) members unless there are more than nine (9) districts participating inwhich event each participating district shall have one (1) member. Eachparticipating board of trustees shall have at least one (1) member appointed tothe board of cooperative educational services. The terms of office of each ofthe members of the board of cooperative educational services shall becoterminous with their respective terms of office upon their boards oftrustees. As the terms of office expire, or as vacancies occur, new members ofthe board of cooperative educational services shall be appointed by the boardof trustees of the participating district.

 

21-20-105. Board of cooperative educational services; chairman,vice-chairman, clerk and treasurer; meetings.

 

Atits first meeting, the members of the board of cooperative educational serviceselected as set forth in W.S. 21-20-104(b) shall proceed to elect from theirmembership a chairman, a vice-chairman, a clerk, and a treasurer, whose terms ofoffice shall be for one (1) year unless their terms of office as school boardmembers expire earlier. The duties of the chairman, vice-chairman, clerk andtreasurer of the board of cooperative educational services shall be the same asthe duties provided by law for similar offices of boards of trustees of schooldistricts within this state insofar as they are applicable. Meetings of theboard of cooperative educational services shall be called, held and conductedas provided by law for the meeting of the boards of trustees of schooldistricts within this state.

 

21-20-106. Cost of facilities, equipment and services.

 

Exceptas provided under W.S. 21-20-110(g) for revenues generated from any additionalspecial school district tax, the costs of facilities, equipment and servicesperformed under the direction of the board of cooperative educational servicesshall be financed by participating districts on a basis agreed upon by theboards of trustees of the participating districts.

 

21-20-107. Powers and duties of board of cooperative educationalservices.

 

 

(a) Each board of trustees of cooperative educational servicesshall:

 

(i) Prescribe and enforce rules, regulations and policies forits own government and for the government of the services and affairs under itsjurisdiction which are consistent with the laws of the state;

 

(ii) Keep minutes of all meetings at which official action istaken and a record of all official acts which are public records;

 

(iii) Be responsible for such programs and services as shall beprovided by joint agreement of the boards of trustees involved in thecooperative educational programs;

 

(iv) Administer and abide by the terms of the agreement oragreements entered into by the participating districts.

 

21-20-108. Powers and duties of board of cooperative educationalservices; property; contracts; gifts, grants, bequests or devises; employmentand discharge of personnel; expenses; bonding of employees.

 

 

(a) Each board of trustees of cooperative educational servicesmay:

 

(i) Hold, convey, lease, rent and manage property;

 

(ii) Except as provided by paragraph (a)(iii) of this section,contract for educational and related services with any other agency;

 

(iii) Contract for post secondary education services with anyaccredited Wyoming college or the University of Wyoming or if services areunavailable in Wyoming, with an accredited college or university outside ofWyoming;

 

(iv) Accept or reject any federal or other gift, grant, bequestor devise;

 

(v) Discharge any employee;

 

(vi) Employ any personnel needed to perform the services forwhich the board of cooperative services is formed;

 

(vii) Receive and spend funds and provide for the necessaryexpenses of the board incurred in the exercise of its powers and performance ofits duties;

 

(viii) Require any employee responsible for funds or property ofthe board to be bonded under suitable bond indemnifying the board against loss,for an amount and of a type determined by the board.

 

21-20-109. Special school district tax for board of cooperativeeducational services; election not required; determination of levy amount.

 

 

(a) For the purpose of maintaining programs offered by a boardof cooperative educational services, the school districts comprising the boardmay levy a special school district tax not to exceed one-half (1/2) mill on theassessed value of the member districts. The vote of the electors within themember districts shall not be required for the tax levy.

 

(b) The amount of the mill levy shall be determined on thebasis of a predetermined formula based upon a participating district's totalenrollment, ascertained by the board and ratified by at least three-fourths(3/4) of the participating boards. The assessment shall raise only the necessaryfunds to meet the financial requirements of programs and services offered.

 

(c) Repealed by Laws 1989, ch. 248, 2,3.

 

21-20-110. Additional special school district tax; election;limitations; special community college district levy.

 

(a) The school districts comprising any board of cooperativeeducational services established under this act and providing post secondaryeducation services may impose an additional special school district levy not toexceed two (2) mills on the assessed value of the member districts. Anyadditional levy imposed under this section is in addition to any tax leviedunder W.S. 21-20-109.

 

(b) Except as provided by subsection (h) of this section, noadditional tax shall be levied under this section until a proposition to imposethe levy is submitted to a vote of the qualified electors of the member schooldistricts comprising the board and a majority of all votes cast within themember districts vote in favor of imposing the additional tax levy. Theproposition to impose the additional levy shall be submitted at an electionheld on a date authorized under W.S. 22-21-103. The board shall publish noticeof the election within a newspaper of general circulation in the affecteddistricts and the election shall be conducted in accordance with the proceduresprovided by W.S. 22-22-301 through 22-22-304. Each member school districtshall pay all costs incident to the election within its district or if aconcurrent election, an equally proportioned share of the costs as determinedby the county clerk.

 

(c) At the election, the ballot shall contain the words"for the .... mill (not to exceed two (2) mills) additional special schooldistrict tax for maintenance of post secondary education services offered bythe .... Board of Cooperative Educational Services" and "against the.... mill (not to exceed two (2) mills) additional special school district taxfor maintenance of post secondary education services offered by the .... Boardof Cooperative Educational Services".

 

(d) Each county clerk of the counties involved shallimmediately give notice of the election results to the county commissioners andif the proposition is authorized by the electors of all participating schooldistricts, each involved county commission shall levy the additional specialschool district tax in the manner provided by law.

 

(e) If the additional tax levy is approved, the proposition ofcontinuing the additional special school district levy shall be submitted bythe board at each second general election following approval of the propositionuntil the proposition for continuing the additional levy is defeated. Theballot shall contain the words "for continuing the .... mill (not toexceed two (2) mills) additional special school district tax for maintenance ofpost secondary education services offered by the .... Board of CooperativeEducational Services" and "against continuing the .... mill (not toexceed two (2) mills) additional special school district tax for maintenance ofpost secondary education services offered by the .... Board of CooperativeEducational Services".

 

(f) If the proposition to impose or continue the increased taxis defeated, the proposition shall not again be submitted to electors of themember school districts for at least eleven (11) months. If the proposition isdefeated at any general election following initial adoption of the additionaltax, the tax is repealed effective December 31 of that calendar year in whichdefeated and the levy imposed by the county commissioners for the followingcalendar year shall not exceed the levy authorized under W.S. 21-20-109.

 

(g) Revenues generated from any additional special schooldistrict levy under this section shall not be:

 

(i) Considered as a part of any local revenues to be includedin any community college district budget or as a part of the operating budgetof the University of Wyoming, except for tuition and fees collected for postsecondary education services offered by and included within the budget of anycommunity college or the University of Wyoming. The revenues shall beidentified in the community college biennial funding report under W.S.21-18-205(b); or

 

(ii) Used for building any capital construction project.

 

(h) In addition to subsection (a) of this section, the board oftrustees of any community college district participating in an agreement underW.S. 21-20-104 may levy a special levy of not to exceed one-half (1/2) mill onthe assessed value of the district for a period not to exceed two (2) years.Any levy imposed under this subsection shall be used solely for purposes ofmaintaining programs offered by the board of cooperative educational servicesof which the district is a participant and when combined with any levy imposedunder subsection (a) of this section, shall not exceed two (2) mills. Adetermination by the board to impose the levy shall be made at a regular orspecial meeting following a public hearing announced by the board. Any taximposed under this subsection may be renewed by the board for an additional two(2) years subject to public hearing requirements specified under thissubsection. Revenues collected under this subsection shall be identified asdistrict revenue in the biennial funding report of the district under W.S.21-18-205(b) but shall not be restricted by the commission in any manner.

 

21-20-111. Special school district taxes; in addition to existingdistrict tax limitations; distribution of tax revenues; withdrawal fromparticipation.

 

 

(a) Any special school district tax imposed under W.S.21-20-109 and any additional special school district tax imposed under W.S.21-20-110 shall be in addition to the tax limitations imposed under W.S.21-13-102.

 

(b) Revenues generated from any special school district taxlevy imposed under W.S. 21-20-109 and 21-20-110 shall be distributed to theappropriate board of cooperative educational services and shall be deductedfrom the total operating costs when assessing tuition and maintenance costs forparticipating districts. In addition and in accordance with W.S. 21-20-110(g),revenues generated under any additional tax levied under W.S. 21-20-110 shallbe restricted to necessary operating expenses connected with maintaining postsecondary education services.

 

(c) One (1) year advance notice shall be provided by anyparticipating school district board of trustees before withdrawing from fundingany cooperative educational services.

 

ARTICLE 2 - WYOMING POSTSECONDARY EDUCATION OPTIONS PROGRAM

 

21-20-201. Agreement between districts and post secondary educationinstitutions required; student participation; credits; financial arrangements;transportation; accessibility; required annual reporting.

 

(a) To provide a post secondary education enrollment optionsprogram under this section, a Wyoming school district board of trustees and aWyoming community college district board of trustees or the University ofWyoming shall enter into an agreement whereby students resident of theparticipating district may attend post secondary education programs offered bythe university or a participating community college. Effective for the2011-2012 school year and each school year thereafter, the post secondaryeducation enrollment options agreement shall comply with minimum educationalstandards defined by the commission in consultation with the department ofeducation, community colleges and the University of Wyoming, including postsecondary education enrollment options provided by means of distance education.Additional student eligibility requirements for program participation shall bebased upon criteria established by the university or the community college incollaboration with the department of education, which address the high schoolgrade level, uniform prior curricula requirements, academic achievement levelsand national examination performance indicators.

 

(b) An eligible student may, according to the agreement betweenthe school district and the university or community college, enroll in apostsecondary education program offered at:

 

(i) The university, a community college, an off-campus centeror at a site meeting safety and accessibility requirements under theinstruction of a faculty member;

 

(ii) A higher education center which is part of a collegeoutreach cooperative education services agreement entered into by one (1) ormore community college districts and one (1) or more school districts underW.S. 21-20-104; or

 

(iii) A high school or other facility maintained by theparticipating district, under the instruction of a certified teacher employedby the district or by a faculty member of the institution entering into anagreement with the district.

 

(c) A student participating in a postsecondary educationenrollment options program pursuant to this section shall upon successfullycompleting any course offered under the program, receive academic credit by theresident school district which shall be counted towards the graduationrequirements of the district. Evidence of successful completion of eachcourse, the secondary credits granted and a statement that the credits wereearned through program participation shall be made a part of the participatingstudent's records maintained by the district. In addition, the participatingstudent shall receive postsecondary education credit for any coursesuccessfully completed under the program.

 

(d) The school district and the university or community collegedistrict entering into an agreement for purposes of this section shall, ifthere are any fees within the agreement, establish fees to be assessed theschool district for student participation under the program, the paymentschedule for the established fees and other necessary arrangements tofacilitate fee payment and collection. Any textbooks, materials or equipmentpurchased under the established fees shall be addressed within the agreemententered into between the university or college and the school district. Theuniversity or community college shall not directly assess and collect any feefrom the participating student for textbooks, materials, student services orany other fees otherwise assessed and collected from students attending theinstitution.

 

(e) A student participating in the program shall be countedwithin the average daily membership of the resident school district as definedunder W.S. 21-13-101(a)(i) and concurrently by the participating highereducation institution for its full-time equivalent enrollment count. EffectiveSeptember 1, 2012 and each September 1 thereafter, any school district orinstitution participating in an enrollment options program agreement under thissection, including any board of cooperative educational services establishedunder W.S. 21-20-104 and involved in the program, shall file a report with thecommunity college commission on student participation and completion and onrevenues and expenditures attributable to program activities for theimmediately preceding school year. The report shall be based upon policy andguidelines developed by the statewide discussions conducted pursuant to section2 of 2010 Senate File 39 as enacted into law. Not later than October 1 of eachschool year, the commission shall report to the joint education interimcommittee, the community colleges, the department of education and theUniversity of Wyoming on statewide program revenues, expenditures and studentparticipation and completion.

 

(f) If the postsecondary education options program is offeredat a facility operated by the university or participating community collegewhich is located at a reasonable distance from the high school at which theparticipating student is enrolled, the district may provide for thetransportation of the student between the high school and the location at whichthe program is offered. Costs incurred by the district under this subsection shallbe included as part of the district transportation expenses as used incomputing the district foundation program amount under W.S. 21-13-309.

 

(g) Nothing in this section prohibits a high school studentfrom taking a college or university course apart from agreements outlined inthis section if the student bears the cost.

 

(h) Each school district board of trustees shall in conjunctionwith the University of Wyoming, community college district boards of trusteesor other post secondary education institutions accredited by recognized andaccepted accrediting agencies, make post secondary education options programspursuant to this section reasonably accessible to eligible students.

 

State Codes and Statutes

Statutes > Wyoming > Title21 > Chapter20

CHAPTER 20 - COOPERATIVE EDUCATIONAL SERVICES

 

ARTICLE 1 - IN GENERAL

 

21-20-101. Short title.

 

Thisact may be cited as "The Boards of Cooperative Educational ServicesAct".

 

21-20-102. Purpose.

 

The purpose of this act is to provide amethod whereby school districts and community college districts or anycombination may work together and cooperate to provide educational services,including but not limited to postsecondary education, vocational-technicaleducation, adult education and services for children with disabilities, whenthe services can be more effectively provided through a cooperative effort.Educational services provided under this act by or in cooperation with publicschools shall be subject to the standards for educational programs imposedunder W.S. 21-9-101 and 21-9-102, and by rule and regulation of the stateboard.

 

21-20-103. Definitions.

 

(a) As used in this act:

 

(i) "Assessed value" means the total assessed valueof the member school district or community college district;

 

(ii) "Board of trustees" means the board of trusteesof any school district within the state or the community college district boardof any community college within the state;

 

(iii) "Post secondary education" means educationprograms offered by any accredited Wyoming college, the University of Wyomingor any accredited college or university outside of Wyoming if services are unavailablein Wyoming;

 

(iv) "This act" means W.S. 21-20-101 through21-20-111.

 

21-20-104. Board of cooperative educational services; generally.

 

(a) If two (2) or more boards of trustees desire to establish aboard of cooperative services for the purpose of providing cooperativeeducational services and if the services can be provided more effectivelythrough a cooperative effort, the boards of trustees of the interesteddistricts, a majority of whose members respectively vote in favor of doing so,may enter into an agreement to form a board of cooperative educationalservices. The agreement shall specify among other things the length of term ofthe agreement, the rights, responsibilities and obligations of eachparticipating district, the types of services to be rendered, the procedure forthe establishment of additional services and the procedure for the inclusion ofadditional districts within the cooperative educational services program. Theagreement shall also provide a method for the amendment and dissolution of theagreement with the consent of each participating district. Any agreement toform a board of cooperative educational services entered into between theparticipating districts shall be approved by the state board of education.

 

(b) The boards of trustees agreeing to participate in the boardof cooperative educational services shall appoint members of the participatingboards of trustees to a board of cooperative educational services. Theappointed board shall be composed of not less than five (5) nor more than nine(9) members unless there are more than nine (9) districts participating inwhich event each participating district shall have one (1) member. Eachparticipating board of trustees shall have at least one (1) member appointed tothe board of cooperative educational services. The terms of office of each ofthe members of the board of cooperative educational services shall becoterminous with their respective terms of office upon their boards oftrustees. As the terms of office expire, or as vacancies occur, new members ofthe board of cooperative educational services shall be appointed by the boardof trustees of the participating district.

 

21-20-105. Board of cooperative educational services; chairman,vice-chairman, clerk and treasurer; meetings.

 

Atits first meeting, the members of the board of cooperative educational serviceselected as set forth in W.S. 21-20-104(b) shall proceed to elect from theirmembership a chairman, a vice-chairman, a clerk, and a treasurer, whose terms ofoffice shall be for one (1) year unless their terms of office as school boardmembers expire earlier. The duties of the chairman, vice-chairman, clerk andtreasurer of the board of cooperative educational services shall be the same asthe duties provided by law for similar offices of boards of trustees of schooldistricts within this state insofar as they are applicable. Meetings of theboard of cooperative educational services shall be called, held and conductedas provided by law for the meeting of the boards of trustees of schooldistricts within this state.

 

21-20-106. Cost of facilities, equipment and services.

 

Exceptas provided under W.S. 21-20-110(g) for revenues generated from any additionalspecial school district tax, the costs of facilities, equipment and servicesperformed under the direction of the board of cooperative educational servicesshall be financed by participating districts on a basis agreed upon by theboards of trustees of the participating districts.

 

21-20-107. Powers and duties of board of cooperative educationalservices.

 

 

(a) Each board of trustees of cooperative educational servicesshall:

 

(i) Prescribe and enforce rules, regulations and policies forits own government and for the government of the services and affairs under itsjurisdiction which are consistent with the laws of the state;

 

(ii) Keep minutes of all meetings at which official action istaken and a record of all official acts which are public records;

 

(iii) Be responsible for such programs and services as shall beprovided by joint agreement of the boards of trustees involved in thecooperative educational programs;

 

(iv) Administer and abide by the terms of the agreement oragreements entered into by the participating districts.

 

21-20-108. Powers and duties of board of cooperative educationalservices; property; contracts; gifts, grants, bequests or devises; employmentand discharge of personnel; expenses; bonding of employees.

 

 

(a) Each board of trustees of cooperative educational servicesmay:

 

(i) Hold, convey, lease, rent and manage property;

 

(ii) Except as provided by paragraph (a)(iii) of this section,contract for educational and related services with any other agency;

 

(iii) Contract for post secondary education services with anyaccredited Wyoming college or the University of Wyoming or if services areunavailable in Wyoming, with an accredited college or university outside ofWyoming;

 

(iv) Accept or reject any federal or other gift, grant, bequestor devise;

 

(v) Discharge any employee;

 

(vi) Employ any personnel needed to perform the services forwhich the board of cooperative services is formed;

 

(vii) Receive and spend funds and provide for the necessaryexpenses of the board incurred in the exercise of its powers and performance ofits duties;

 

(viii) Require any employee responsible for funds or property ofthe board to be bonded under suitable bond indemnifying the board against loss,for an amount and of a type determined by the board.

 

21-20-109. Special school district tax for board of cooperativeeducational services; election not required; determination of levy amount.

 

 

(a) For the purpose of maintaining programs offered by a boardof cooperative educational services, the school districts comprising the boardmay levy a special school district tax not to exceed one-half (1/2) mill on theassessed value of the member districts. The vote of the electors within themember districts shall not be required for the tax levy.

 

(b) The amount of the mill levy shall be determined on thebasis of a predetermined formula based upon a participating district's totalenrollment, ascertained by the board and ratified by at least three-fourths(3/4) of the participating boards. The assessment shall raise only the necessaryfunds to meet the financial requirements of programs and services offered.

 

(c) Repealed by Laws 1989, ch. 248, 2,3.

 

21-20-110. Additional special school district tax; election;limitations; special community college district levy.

 

(a) The school districts comprising any board of cooperativeeducational services established under this act and providing post secondaryeducation services may impose an additional special school district levy not toexceed two (2) mills on the assessed value of the member districts. Anyadditional levy imposed under this section is in addition to any tax leviedunder W.S. 21-20-109.

 

(b) Except as provided by subsection (h) of this section, noadditional tax shall be levied under this section until a proposition to imposethe levy is submitted to a vote of the qualified electors of the member schooldistricts comprising the board and a majority of all votes cast within themember districts vote in favor of imposing the additional tax levy. Theproposition to impose the additional levy shall be submitted at an electionheld on a date authorized under W.S. 22-21-103. The board shall publish noticeof the election within a newspaper of general circulation in the affecteddistricts and the election shall be conducted in accordance with the proceduresprovided by W.S. 22-22-301 through 22-22-304. Each member school districtshall pay all costs incident to the election within its district or if aconcurrent election, an equally proportioned share of the costs as determinedby the county clerk.

 

(c) At the election, the ballot shall contain the words"for the .... mill (not to exceed two (2) mills) additional special schooldistrict tax for maintenance of post secondary education services offered bythe .... Board of Cooperative Educational Services" and "against the.... mill (not to exceed two (2) mills) additional special school district taxfor maintenance of post secondary education services offered by the .... Boardof Cooperative Educational Services".

 

(d) Each county clerk of the counties involved shallimmediately give notice of the election results to the county commissioners andif the proposition is authorized by the electors of all participating schooldistricts, each involved county commission shall levy the additional specialschool district tax in the manner provided by law.

 

(e) If the additional tax levy is approved, the proposition ofcontinuing the additional special school district levy shall be submitted bythe board at each second general election following approval of the propositionuntil the proposition for continuing the additional levy is defeated. Theballot shall contain the words "for continuing the .... mill (not toexceed two (2) mills) additional special school district tax for maintenance ofpost secondary education services offered by the .... Board of CooperativeEducational Services" and "against continuing the .... mill (not toexceed two (2) mills) additional special school district tax for maintenance ofpost secondary education services offered by the .... Board of CooperativeEducational Services".

 

(f) If the proposition to impose or continue the increased taxis defeated, the proposition shall not again be submitted to electors of themember school districts for at least eleven (11) months. If the proposition isdefeated at any general election following initial adoption of the additionaltax, the tax is repealed effective December 31 of that calendar year in whichdefeated and the levy imposed by the county commissioners for the followingcalendar year shall not exceed the levy authorized under W.S. 21-20-109.

 

(g) Revenues generated from any additional special schooldistrict levy under this section shall not be:

 

(i) Considered as a part of any local revenues to be includedin any community college district budget or as a part of the operating budgetof the University of Wyoming, except for tuition and fees collected for postsecondary education services offered by and included within the budget of anycommunity college or the University of Wyoming. The revenues shall beidentified in the community college biennial funding report under W.S.21-18-205(b); or

 

(ii) Used for building any capital construction project.

 

(h) In addition to subsection (a) of this section, the board oftrustees of any community college district participating in an agreement underW.S. 21-20-104 may levy a special levy of not to exceed one-half (1/2) mill onthe assessed value of the district for a period not to exceed two (2) years.Any levy imposed under this subsection shall be used solely for purposes ofmaintaining programs offered by the board of cooperative educational servicesof which the district is a participant and when combined with any levy imposedunder subsection (a) of this section, shall not exceed two (2) mills. Adetermination by the board to impose the levy shall be made at a regular orspecial meeting following a public hearing announced by the board. Any taximposed under this subsection may be renewed by the board for an additional two(2) years subject to public hearing requirements specified under thissubsection. Revenues collected under this subsection shall be identified asdistrict revenue in the biennial funding report of the district under W.S.21-18-205(b) but shall not be restricted by the commission in any manner.

 

21-20-111. Special school district taxes; in addition to existingdistrict tax limitations; distribution of tax revenues; withdrawal fromparticipation.

 

 

(a) Any special school district tax imposed under W.S.21-20-109 and any additional special school district tax imposed under W.S.21-20-110 shall be in addition to the tax limitations imposed under W.S.21-13-102.

 

(b) Revenues generated from any special school district taxlevy imposed under W.S. 21-20-109 and 21-20-110 shall be distributed to theappropriate board of cooperative educational services and shall be deductedfrom the total operating costs when assessing tuition and maintenance costs forparticipating districts. In addition and in accordance with W.S. 21-20-110(g),revenues generated under any additional tax levied under W.S. 21-20-110 shallbe restricted to necessary operating expenses connected with maintaining postsecondary education services.

 

(c) One (1) year advance notice shall be provided by anyparticipating school district board of trustees before withdrawing from fundingany cooperative educational services.

 

ARTICLE 2 - WYOMING POSTSECONDARY EDUCATION OPTIONS PROGRAM

 

21-20-201. Agreement between districts and post secondary educationinstitutions required; student participation; credits; financial arrangements;transportation; accessibility; required annual reporting.

 

(a) To provide a post secondary education enrollment optionsprogram under this section, a Wyoming school district board of trustees and aWyoming community college district board of trustees or the University ofWyoming shall enter into an agreement whereby students resident of theparticipating district may attend post secondary education programs offered bythe university or a participating community college. Effective for the2011-2012 school year and each school year thereafter, the post secondaryeducation enrollment options agreement shall comply with minimum educationalstandards defined by the commission in consultation with the department ofeducation, community colleges and the University of Wyoming, including postsecondary education enrollment options provided by means of distance education.Additional student eligibility requirements for program participation shall bebased upon criteria established by the university or the community college incollaboration with the department of education, which address the high schoolgrade level, uniform prior curricula requirements, academic achievement levelsand national examination performance indicators.

 

(b) An eligible student may, according to the agreement betweenthe school district and the university or community college, enroll in apostsecondary education program offered at:

 

(i) The university, a community college, an off-campus centeror at a site meeting safety and accessibility requirements under theinstruction of a faculty member;

 

(ii) A higher education center which is part of a collegeoutreach cooperative education services agreement entered into by one (1) ormore community college districts and one (1) or more school districts underW.S. 21-20-104; or

 

(iii) A high school or other facility maintained by theparticipating district, under the instruction of a certified teacher employedby the district or by a faculty member of the institution entering into anagreement with the district.

 

(c) A student participating in a postsecondary educationenrollment options program pursuant to this section shall upon successfullycompleting any course offered under the program, receive academic credit by theresident school district which shall be counted towards the graduationrequirements of the district. Evidence of successful completion of eachcourse, the secondary credits granted and a statement that the credits wereearned through program participation shall be made a part of the participatingstudent's records maintained by the district. In addition, the participatingstudent shall receive postsecondary education credit for any coursesuccessfully completed under the program.

 

(d) The school district and the university or community collegedistrict entering into an agreement for purposes of this section shall, ifthere are any fees within the agreement, establish fees to be assessed theschool district for student participation under the program, the paymentschedule for the established fees and other necessary arrangements tofacilitate fee payment and collection. Any textbooks, materials or equipmentpurchased under the established fees shall be addressed within the agreemententered into between the university or college and the school district. Theuniversity or community college shall not directly assess and collect any feefrom the participating student for textbooks, materials, student services orany other fees otherwise assessed and collected from students attending theinstitution.

 

(e) A student participating in the program shall be countedwithin the average daily membership of the resident school district as definedunder W.S. 21-13-101(a)(i) and concurrently by the participating highereducation institution for its full-time equivalent enrollment count. EffectiveSeptember 1, 2012 and each September 1 thereafter, any school district orinstitution participating in an enrollment options program agreement under thissection, including any board of cooperative educational services establishedunder W.S. 21-20-104 and involved in the program, shall file a report with thecommunity college commission on student participation and completion and onrevenues and expenditures attributable to program activities for theimmediately preceding school year. The report shall be based upon policy andguidelines developed by the statewide discussions conducted pursuant to section2 of 2010 Senate File 39 as enacted into law. Not later than October 1 of eachschool year, the commission shall report to the joint education interimcommittee, the community colleges, the department of education and theUniversity of Wyoming on statewide program revenues, expenditures and studentparticipation and completion.

 

(f) If the postsecondary education options program is offeredat a facility operated by the university or participating community collegewhich is located at a reasonable distance from the high school at which theparticipating student is enrolled, the district may provide for thetransportation of the student between the high school and the location at whichthe program is offered. Costs incurred by the district under this subsection shallbe included as part of the district transportation expenses as used incomputing the district foundation program amount under W.S. 21-13-309.

 

(g) Nothing in this section prohibits a high school studentfrom taking a college or university course apart from agreements outlined inthis section if the student bears the cost.

 

(h) Each school district board of trustees shall in conjunctionwith the University of Wyoming, community college district boards of trusteesor other post secondary education institutions accredited by recognized andaccepted accrediting agencies, make post secondary education options programspursuant to this section reasonably accessible to eligible students.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title21 > Chapter20

CHAPTER 20 - COOPERATIVE EDUCATIONAL SERVICES

 

ARTICLE 1 - IN GENERAL

 

21-20-101. Short title.

 

Thisact may be cited as "The Boards of Cooperative Educational ServicesAct".

 

21-20-102. Purpose.

 

The purpose of this act is to provide amethod whereby school districts and community college districts or anycombination may work together and cooperate to provide educational services,including but not limited to postsecondary education, vocational-technicaleducation, adult education and services for children with disabilities, whenthe services can be more effectively provided through a cooperative effort.Educational services provided under this act by or in cooperation with publicschools shall be subject to the standards for educational programs imposedunder W.S. 21-9-101 and 21-9-102, and by rule and regulation of the stateboard.

 

21-20-103. Definitions.

 

(a) As used in this act:

 

(i) "Assessed value" means the total assessed valueof the member school district or community college district;

 

(ii) "Board of trustees" means the board of trusteesof any school district within the state or the community college district boardof any community college within the state;

 

(iii) "Post secondary education" means educationprograms offered by any accredited Wyoming college, the University of Wyomingor any accredited college or university outside of Wyoming if services are unavailablein Wyoming;

 

(iv) "This act" means W.S. 21-20-101 through21-20-111.

 

21-20-104. Board of cooperative educational services; generally.

 

(a) If two (2) or more boards of trustees desire to establish aboard of cooperative services for the purpose of providing cooperativeeducational services and if the services can be provided more effectivelythrough a cooperative effort, the boards of trustees of the interesteddistricts, a majority of whose members respectively vote in favor of doing so,may enter into an agreement to form a board of cooperative educationalservices. The agreement shall specify among other things the length of term ofthe agreement, the rights, responsibilities and obligations of eachparticipating district, the types of services to be rendered, the procedure forthe establishment of additional services and the procedure for the inclusion ofadditional districts within the cooperative educational services program. Theagreement shall also provide a method for the amendment and dissolution of theagreement with the consent of each participating district. Any agreement toform a board of cooperative educational services entered into between theparticipating districts shall be approved by the state board of education.

 

(b) The boards of trustees agreeing to participate in the boardof cooperative educational services shall appoint members of the participatingboards of trustees to a board of cooperative educational services. Theappointed board shall be composed of not less than five (5) nor more than nine(9) members unless there are more than nine (9) districts participating inwhich event each participating district shall have one (1) member. Eachparticipating board of trustees shall have at least one (1) member appointed tothe board of cooperative educational services. The terms of office of each ofthe members of the board of cooperative educational services shall becoterminous with their respective terms of office upon their boards oftrustees. As the terms of office expire, or as vacancies occur, new members ofthe board of cooperative educational services shall be appointed by the boardof trustees of the participating district.

 

21-20-105. Board of cooperative educational services; chairman,vice-chairman, clerk and treasurer; meetings.

 

Atits first meeting, the members of the board of cooperative educational serviceselected as set forth in W.S. 21-20-104(b) shall proceed to elect from theirmembership a chairman, a vice-chairman, a clerk, and a treasurer, whose terms ofoffice shall be for one (1) year unless their terms of office as school boardmembers expire earlier. The duties of the chairman, vice-chairman, clerk andtreasurer of the board of cooperative educational services shall be the same asthe duties provided by law for similar offices of boards of trustees of schooldistricts within this state insofar as they are applicable. Meetings of theboard of cooperative educational services shall be called, held and conductedas provided by law for the meeting of the boards of trustees of schooldistricts within this state.

 

21-20-106. Cost of facilities, equipment and services.

 

Exceptas provided under W.S. 21-20-110(g) for revenues generated from any additionalspecial school district tax, the costs of facilities, equipment and servicesperformed under the direction of the board of cooperative educational servicesshall be financed by participating districts on a basis agreed upon by theboards of trustees of the participating districts.

 

21-20-107. Powers and duties of board of cooperative educationalservices.

 

 

(a) Each board of trustees of cooperative educational servicesshall:

 

(i) Prescribe and enforce rules, regulations and policies forits own government and for the government of the services and affairs under itsjurisdiction which are consistent with the laws of the state;

 

(ii) Keep minutes of all meetings at which official action istaken and a record of all official acts which are public records;

 

(iii) Be responsible for such programs and services as shall beprovided by joint agreement of the boards of trustees involved in thecooperative educational programs;

 

(iv) Administer and abide by the terms of the agreement oragreements entered into by the participating districts.

 

21-20-108. Powers and duties of board of cooperative educationalservices; property; contracts; gifts, grants, bequests or devises; employmentand discharge of personnel; expenses; bonding of employees.

 

 

(a) Each board of trustees of cooperative educational servicesmay:

 

(i) Hold, convey, lease, rent and manage property;

 

(ii) Except as provided by paragraph (a)(iii) of this section,contract for educational and related services with any other agency;

 

(iii) Contract for post secondary education services with anyaccredited Wyoming college or the University of Wyoming or if services areunavailable in Wyoming, with an accredited college or university outside ofWyoming;

 

(iv) Accept or reject any federal or other gift, grant, bequestor devise;

 

(v) Discharge any employee;

 

(vi) Employ any personnel needed to perform the services forwhich the board of cooperative services is formed;

 

(vii) Receive and spend funds and provide for the necessaryexpenses of the board incurred in the exercise of its powers and performance ofits duties;

 

(viii) Require any employee responsible for funds or property ofthe board to be bonded under suitable bond indemnifying the board against loss,for an amount and of a type determined by the board.

 

21-20-109. Special school district tax for board of cooperativeeducational services; election not required; determination of levy amount.

 

 

(a) For the purpose of maintaining programs offered by a boardof cooperative educational services, the school districts comprising the boardmay levy a special school district tax not to exceed one-half (1/2) mill on theassessed value of the member districts. The vote of the electors within themember districts shall not be required for the tax levy.

 

(b) The amount of the mill levy shall be determined on thebasis of a predetermined formula based upon a participating district's totalenrollment, ascertained by the board and ratified by at least three-fourths(3/4) of the participating boards. The assessment shall raise only the necessaryfunds to meet the financial requirements of programs and services offered.

 

(c) Repealed by Laws 1989, ch. 248, 2,3.

 

21-20-110. Additional special school district tax; election;limitations; special community college district levy.

 

(a) The school districts comprising any board of cooperativeeducational services established under this act and providing post secondaryeducation services may impose an additional special school district levy not toexceed two (2) mills on the assessed value of the member districts. Anyadditional levy imposed under this section is in addition to any tax leviedunder W.S. 21-20-109.

 

(b) Except as provided by subsection (h) of this section, noadditional tax shall be levied under this section until a proposition to imposethe levy is submitted to a vote of the qualified electors of the member schooldistricts comprising the board and a majority of all votes cast within themember districts vote in favor of imposing the additional tax levy. Theproposition to impose the additional levy shall be submitted at an electionheld on a date authorized under W.S. 22-21-103. The board shall publish noticeof the election within a newspaper of general circulation in the affecteddistricts and the election shall be conducted in accordance with the proceduresprovided by W.S. 22-22-301 through 22-22-304. Each member school districtshall pay all costs incident to the election within its district or if aconcurrent election, an equally proportioned share of the costs as determinedby the county clerk.

 

(c) At the election, the ballot shall contain the words"for the .... mill (not to exceed two (2) mills) additional special schooldistrict tax for maintenance of post secondary education services offered bythe .... Board of Cooperative Educational Services" and "against the.... mill (not to exceed two (2) mills) additional special school district taxfor maintenance of post secondary education services offered by the .... Boardof Cooperative Educational Services".

 

(d) Each county clerk of the counties involved shallimmediately give notice of the election results to the county commissioners andif the proposition is authorized by the electors of all participating schooldistricts, each involved county commission shall levy the additional specialschool district tax in the manner provided by law.

 

(e) If the additional tax levy is approved, the proposition ofcontinuing the additional special school district levy shall be submitted bythe board at each second general election following approval of the propositionuntil the proposition for continuing the additional levy is defeated. Theballot shall contain the words "for continuing the .... mill (not toexceed two (2) mills) additional special school district tax for maintenance ofpost secondary education services offered by the .... Board of CooperativeEducational Services" and "against continuing the .... mill (not toexceed two (2) mills) additional special school district tax for maintenance ofpost secondary education services offered by the .... Board of CooperativeEducational Services".

 

(f) If the proposition to impose or continue the increased taxis defeated, the proposition shall not again be submitted to electors of themember school districts for at least eleven (11) months. If the proposition isdefeated at any general election following initial adoption of the additionaltax, the tax is repealed effective December 31 of that calendar year in whichdefeated and the levy imposed by the county commissioners for the followingcalendar year shall not exceed the levy authorized under W.S. 21-20-109.

 

(g) Revenues generated from any additional special schooldistrict levy under this section shall not be:

 

(i) Considered as a part of any local revenues to be includedin any community college district budget or as a part of the operating budgetof the University of Wyoming, except for tuition and fees collected for postsecondary education services offered by and included within the budget of anycommunity college or the University of Wyoming. The revenues shall beidentified in the community college biennial funding report under W.S.21-18-205(b); or

 

(ii) Used for building any capital construction project.

 

(h) In addition to subsection (a) of this section, the board oftrustees of any community college district participating in an agreement underW.S. 21-20-104 may levy a special levy of not to exceed one-half (1/2) mill onthe assessed value of the district for a period not to exceed two (2) years.Any levy imposed under this subsection shall be used solely for purposes ofmaintaining programs offered by the board of cooperative educational servicesof which the district is a participant and when combined with any levy imposedunder subsection (a) of this section, shall not exceed two (2) mills. Adetermination by the board to impose the levy shall be made at a regular orspecial meeting following a public hearing announced by the board. Any taximposed under this subsection may be renewed by the board for an additional two(2) years subject to public hearing requirements specified under thissubsection. Revenues collected under this subsection shall be identified asdistrict revenue in the biennial funding report of the district under W.S.21-18-205(b) but shall not be restricted by the commission in any manner.

 

21-20-111. Special school district taxes; in addition to existingdistrict tax limitations; distribution of tax revenues; withdrawal fromparticipation.

 

 

(a) Any special school district tax imposed under W.S.21-20-109 and any additional special school district tax imposed under W.S.21-20-110 shall be in addition to the tax limitations imposed under W.S.21-13-102.

 

(b) Revenues generated from any special school district taxlevy imposed under W.S. 21-20-109 and 21-20-110 shall be distributed to theappropriate board of cooperative educational services and shall be deductedfrom the total operating costs when assessing tuition and maintenance costs forparticipating districts. In addition and in accordance with W.S. 21-20-110(g),revenues generated under any additional tax levied under W.S. 21-20-110 shallbe restricted to necessary operating expenses connected with maintaining postsecondary education services.

 

(c) One (1) year advance notice shall be provided by anyparticipating school district board of trustees before withdrawing from fundingany cooperative educational services.

 

ARTICLE 2 - WYOMING POSTSECONDARY EDUCATION OPTIONS PROGRAM

 

21-20-201. Agreement between districts and post secondary educationinstitutions required; student participation; credits; financial arrangements;transportation; accessibility; required annual reporting.

 

(a) To provide a post secondary education enrollment optionsprogram under this section, a Wyoming school district board of trustees and aWyoming community college district board of trustees or the University ofWyoming shall enter into an agreement whereby students resident of theparticipating district may attend post secondary education programs offered bythe university or a participating community college. Effective for the2011-2012 school year and each school year thereafter, the post secondaryeducation enrollment options agreement shall comply with minimum educationalstandards defined by the commission in consultation with the department ofeducation, community colleges and the University of Wyoming, including postsecondary education enrollment options provided by means of distance education.Additional student eligibility requirements for program participation shall bebased upon criteria established by the university or the community college incollaboration with the department of education, which address the high schoolgrade level, uniform prior curricula requirements, academic achievement levelsand national examination performance indicators.

 

(b) An eligible student may, according to the agreement betweenthe school district and the university or community college, enroll in apostsecondary education program offered at:

 

(i) The university, a community college, an off-campus centeror at a site meeting safety and accessibility requirements under theinstruction of a faculty member;

 

(ii) A higher education center which is part of a collegeoutreach cooperative education services agreement entered into by one (1) ormore community college districts and one (1) or more school districts underW.S. 21-20-104; or

 

(iii) A high school or other facility maintained by theparticipating district, under the instruction of a certified teacher employedby the district or by a faculty member of the institution entering into anagreement with the district.

 

(c) A student participating in a postsecondary educationenrollment options program pursuant to this section shall upon successfullycompleting any course offered under the program, receive academic credit by theresident school district which shall be counted towards the graduationrequirements of the district. Evidence of successful completion of eachcourse, the secondary credits granted and a statement that the credits wereearned through program participation shall be made a part of the participatingstudent's records maintained by the district. In addition, the participatingstudent shall receive postsecondary education credit for any coursesuccessfully completed under the program.

 

(d) The school district and the university or community collegedistrict entering into an agreement for purposes of this section shall, ifthere are any fees within the agreement, establish fees to be assessed theschool district for student participation under the program, the paymentschedule for the established fees and other necessary arrangements tofacilitate fee payment and collection. Any textbooks, materials or equipmentpurchased under the established fees shall be addressed within the agreemententered into between the university or college and the school district. Theuniversity or community college shall not directly assess and collect any feefrom the participating student for textbooks, materials, student services orany other fees otherwise assessed and collected from students attending theinstitution.

 

(e) A student participating in the program shall be countedwithin the average daily membership of the resident school district as definedunder W.S. 21-13-101(a)(i) and concurrently by the participating highereducation institution for its full-time equivalent enrollment count. EffectiveSeptember 1, 2012 and each September 1 thereafter, any school district orinstitution participating in an enrollment options program agreement under thissection, including any board of cooperative educational services establishedunder W.S. 21-20-104 and involved in the program, shall file a report with thecommunity college commission on student participation and completion and onrevenues and expenditures attributable to program activities for theimmediately preceding school year. The report shall be based upon policy andguidelines developed by the statewide discussions conducted pursuant to section2 of 2010 Senate File 39 as enacted into law. Not later than October 1 of eachschool year, the commission shall report to the joint education interimcommittee, the community colleges, the department of education and theUniversity of Wyoming on statewide program revenues, expenditures and studentparticipation and completion.

 

(f) If the postsecondary education options program is offeredat a facility operated by the university or participating community collegewhich is located at a reasonable distance from the high school at which theparticipating student is enrolled, the district may provide for thetransportation of the student between the high school and the location at whichthe program is offered. Costs incurred by the district under this subsection shallbe included as part of the district transportation expenses as used incomputing the district foundation program amount under W.S. 21-13-309.

 

(g) Nothing in this section prohibits a high school studentfrom taking a college or university course apart from agreements outlined inthis section if the student bears the cost.

 

(h) Each school district board of trustees shall in conjunctionwith the University of Wyoming, community college district boards of trusteesor other post secondary education institutions accredited by recognized andaccepted accrediting agencies, make post secondary education options programspursuant to this section reasonably accessible to eligible students.

 

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