Section 511IAC4-4-3. Organization; cooperative agreement

   (a) The initial organization of each ESC, after July 1, 1978, may occur upon petition to the Indiana state board of education by thirty percent (30%) of the local school corporations in any ESC membership unit identified previously in this section. The Indiana state board of education shall, upon receipt of such petition, invite representation from all public school districts whose central administration office is located within the petitioning ESC membership unit to a meeting wherein a plan for organization will be developed.

  (b) For the purpose of planning, a committee composed of all superintendents whose employing corporation is within the ESC membership unit shall be created. Such committee shall select a chairman and secretary to serve throughout the planning and organizational period. The Indiana state board of education shall then assist in the necessary organizational activities for establishment of an ESC pursuant to IC 20-20-1.

  (c) The organizational plan shall have as its focus a cooperative agreement to establish and maintain an ESC. This agreement shall address the following:

(1) Governance.

(2) Finance.

(3) Fiscal responsibility.

(4) Advisory council.

(5) Fiscal and operating year.

(6) Date of commencement.

(7) Termination of agreement.

(8) Amendments to agreement.

(9) Any other topic deemed necessary by the participating school corporations.

The Indiana state board of education shall develop and make available a model agreement (contract).

  (d) Within ninety (90) days after the signing of the initial cooperative agreement and by June 1 thereafter, the executive officer of the ESC shall submit to the Indiana state board of education and to each participating school corporation a plan that describes the objectives and procedures to be implemented in meeting:

(1) the needs of the ESC;

(2) the estimated cost of services and programs;

(3) a needs assessment report; and

(4) a procedure for evaluation.

  (e) Requests from a school corporation to change its membership assignment must have the approval of the Indiana state board of education and the ESC that the corporation wishes to join. Notice shall be given to both ESCs affected and to the Indiana state board of education as follows:

(1) If the change in membership assignment is proposed to take place at the beginning of a calendar year, notice shall be given no later than the first day of July preceding the change by eighteen (18) months.

(2) If the change in membership assignment is proposed to take place at the beginning of a school year, notice shall be given by the first day of July preceding the change by twelve (12) months.

  (f) The provisions of subsection (e) notwithstanding, a school corporation may change its membership assignment at any time if the change is approved by both ESCs affected. The change becomes effective when the Indiana state board of education is notified of the change. (Indiana State Board of Education; Rule SC-1, Sec 3; filed Jul 24, 1978, 9:20 a.m.: 1 IR 572; filed Sep 24, 1997, 3:35 p.m.: 21 IR 380; readopted filed Jul 23, 2003, 10:15 a.m.: 26 IR 3960; errata filed Jul 11, 2005, 10:00 a.m.: 28 IR 3306; readopted filed Nov 28, 2011, 3:20 p.m.: 20111228-IR-511110558RFA; readopted filed Dec 2, 2013, 3:26 p.m.: 20140101-IR-511130419RFA) NOTE: Transferred from the Commission on General Education (510 IAC 14-1-3) to the Indiana State Board of Education (511 IAC 4-4-3) by P.L.20-1984, SECTION 206, effective July 1, 1984.