15.1-09.1 Regional Education Associations - North Dakota Statutes

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CHAPTER 15.1-09.1REGIONAL EDUCATION ASSOCIATIONS15.1-09.1-01. Definition. For purposes of this chapter, "regional education association"means a group of school districts that have entered a joint powers agreement that has been
reviewed by the superintendent of public instruction and verified as meeting the requirements of
section 15.1-09.1-02.15.1-09.1-02. Regional education association - Joint powers agreement - Reviewby superintendent of public instruction - Criteria. Before a group of school districts may be
designated as a regional education association, the superintendent of public instruction shall
review the joint powers agreement that the districts have entered and verify that:1.The school districts:a.Have a combined total land mass of at least five thousand eight hundred
square miles [1502193 hectares];b.(1)Have a combined total land mass of at least four thousand five hundred
square miles [1165494 hectares]; and(2)Number at least twelve;c.(1)Have a combined total land mass of at least four thousand square miles
[1035995 hectares]; and(2)Have at least three thousand students in average daily membership; ord.(1)Have a combined total land mass of at least one thousand five hundred
square miles [388498 hectares]; and(2)Have at least seven thousand five hundred students in average daily
membership.2.The school districts are contiguous to each other or, if the districts are not
contiguous to each other, the superintendent of public instruction shall verify that the
participating districts can provide sound educational opportunities to their students in
a fiscally responsible manner without injuring other school districts or regional
education associations and without negatively impacting the ability of other school
districtsorregionaleducationassociationstoprovidesoundeducationalopportunities to their students in a fiscally responsible manner. A decision by the
superintendent of public instruction under this subsection may be appealed to the
state board of public school education. A decision by the state board is final.3.The joint powers agreement requires that the participating school districts maintain a
joint operating fund and share various administrative functions and student services
in accordance with subsection 4.4.a.During the first two school years in which a regional education association is
operational, each participating school district shall share in at least two
administrative functions and two student services, selected by the district.b.During the third and fourth school years in which a regional education
association is operational, each participating school district shall share in at
least three administrative functions and three student services, selected by the
district.Page No. 1c.During the fifth school year in which a regional education association is
operational, and each year thereafter, each participating school district shall
share at least five administrative functions and five student services, selected
by the district.d.For purposes of this subsection:(1)"Administrative functions" means:(a)Business management;(b)Career and technical education services management;(c)Curriculum mapping or development;(d)Data analysis;(e)Federal program support;(f)Federal title program management;(g)Grant writing;(h)School improvement;(i)School safety and environment management;(j)Special education services management;(k)Staff development;(l)Staff retention and recruitment;(m)Staff sharing;(n)Technology support; and(o)Any other functions approved by the superintendent of public
instruction.(2)"Student services" means:(a)Advanced placement classes;(b)Alternative high schools or alternative high school programs;(c)Career and technical education classes;(d)Counseling services;(e)Common elementary curricula;(f)Distance learning classes;(g)Dual credit classes;(h)Foreign language classes;(i)Library and media services;Page No. 2(j)Summer programs;(k)Supplemental instruction programs; and(l)Any other services approved by the superintendent of public
instruction.e.For purposes of this subsection, if a regional education association became
operational before July 1, 2005, the 2005-06 school year must be considered
the provider's first year of operation.5.The joint powers agreement provides:a.Criteria for the future participation of school districts that were not parties to the
original joint powers agreement;b.An application process by which school districts that were not parties to the
original joint powers agreement can become participating districts; andc.A process by which school districts that were not parties to the original joint
powers agreement and whose application to participate in the agreement was
denied can appeal the decision to the superintendent of public instruction.6.The joint powers agreement provides for the employment and compensation of staff.7.The joint powers agreement:a.Establishes the number of members on the governing board;b.Establishes the manner in which members of the governing board are
determined;c.Requires all members of the governing board or their designees to be
individuals currently serving on the board of a participating school district; andd.Allows for the inclusion of ex officio nonvoting members on the governing
board.8.The joint powers agreement provides that the board of the regional education
association shall meet at least quarterly.9.The joint powers agreement does not permit the regional education association to
compensate members of the regional education association board for attending
meetings of the board and does not permit the regional education association to
reimburse members of the board for any expenses incurred in attending meetings of
the board.15.1-09.1-03. Regional education association - Provision of special education andrelated services - Annual plan. A regional education association may prepare an annual plan
regarding the provision of special education and related services on behalf of its members and
submit the plan to the superintendent of public instruction for approval.15.1-09.1-04. Regional education association - Provision of special education andrelated services - Powers. A regional education association that provides special education
and related services may:1.Receive and expend state and federal moneys for the provision of special education
and related services to the students of its member districts;Page No. 32.Employ personnel necessary to carry out administrative services, itinerant
instruction, coordinative services, and related services; and3.Receive and expend private and public moneys.15.1-09.1-05. Regional education association - Provision of special education andrelated services - Student transportation - Coordination. A regional education association
shall plan and coordinate the transportation of students who are enrolled in its member districts
and to whom it provides special education and related services.15.1-09.1-06. Regional education associations - Receipt and use of moneys. Theboard of a regional education association may receive and expend moneys for the provision of
administrative functions, student services, and any other lawful activities.15.1-09.1-07. Joint operating fund - Accounting functions. The board of a regionaleducation association may contract with any person, including a school district, for the
maintenance of the association's joint operating fund and for the performance of any business or
accounting functions required by law or necessary for the association's operation.15.1-09.1-08. Regional education association - Report of expenses.1.The board of a regional education association shall submit annually to the
superintendent of public instruction, at the time and in the manner designated by the
superintendent, a report detailing all expenses incurred by the association and shall
attribute the expenses on a per student basis by participating school district.2.The board shall deposit any moneys received by or on behalf of the regional
education association into the association's joint operating fund.15.1-09.1-09. Compensation - Reimbursement - Extraordinary service. The board ofa regional education association may provide compensation and reimbursement to any board
member who, at the direction of the board, performs extraordinary service on behalf of the board.
For purposes of this section, "extraordinary service" means duties beyond those reasonably
expected of members of the board and includes travel to and attendance at national meetings or
conventions.15.1-09.1-10. State aid - Payable to a regional education association - Obligation ofdistrict.1.The superintendent of public instruction shall forward the portion of a school district's
state aid which is payable by the superintendent under subdivision n of subsection 1
of section 15.1-27-03.1 as a result of the district's participation in a regional
education association directly to the association in which the district participates.
The superintendent shall forward the amount payable under this subsection at the
same time and in the same manner as provided for other state aid payments under
section 15.1-27-01.2.If the superintendent of public instruction determines that a school district failed to
meet any contractual or statutory obligation imposed upon it as a result of the
district's participation in a regional education association, the superintendent shall
subtract the amount for which the district was not eligible from any future distribution
of state aid to the district under section 15.1-27-01.15.1-09.1-11. Rights of employees. Any individual employed by the board of a regionaleducation association has the same statutory rights as those accorded to an individual employed
by a public school district for the same purpose.Page No. 4Document Outlinechapter 15.1-09.1 regional education associations