2014 Indiana Code TITLE 20. EDUCATION ARTICLE 35. SPECIAL EDUCATION CHAPTER 5. SPECIAL EDUCATION COOPERATIVES
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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 the governing board
of a participating charter school; or
(B) agreement approved by the governing body of each
participating school corporation or the governing board of a
participating charter school;
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 or
charter school means the board or commission charged by law
with the responsibility of administering the affairs of the school
corporation or charter school. 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 school corporations or charter
schools in a special education cooperative.
(6) "Participating charter school" means a charter school that is
established under Indiana law and cooperates with other school
corporations or charter schools in a special education
cooperative.
(7) "Percentage share" of a participating school corporation is
the percent that its assessed valuation bears to the total assessed
valuation of all the participating school corporations joining in
an agreement.
(8) "Special education cooperative" means a department, school,
charter 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. Amended by P.L.38-2014, SEC.3.
IC 20-35-5-2
Formation of special education cooperative
Sec. 2. A participating school corporation or charter school,
together with one (1) or more participating school corporations or
charter schools, 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 or
governing boards of a majority of the participating school
corporations and participating charter schools that is taken at
least one (1) year before termination of the agreement.
As added by P.L.1-2005, SEC.19. Amended by P.L.38-2014, SEC.4.
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 and charter
schools.
As added by P.L.1-2005, SEC.19. Amended by P.L.38-2014, SEC.5.
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 or
charter schools 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.
(4) An agreement with a charter school to exchange any
consideration for special education services.
As added by P.L.1-2005, SEC.19. Amended by P.L.2-2006, SEC.157;
P.L.38-2014, SEC.6.
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 parties.
As added by P.L.1-2005, SEC.19. Amended by P.L.2-2006, SEC.158;
P.L.38-2014, SEC.7.
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 and
charter schools 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
participating school corporations and participating charter
schools; or
(2) base payments on a percentage share formula.
As added by P.L.1-2005, SEC.19. Amended by P.L.38-2014, SEC.8.
IC 20-35-5-7
Termination of agreement
Sec. 7. Upon the termination of the agreement, the participating
school corporations and charter schools 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. Amended by P.L.38-2014, SEC.9.
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 20-28-7.5,
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. Amended by P.L.90-2011, SEC.47.
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 20-28-7.5, 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. Amended by P.L.90-2011, SEC.48.
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 20-28-7.5, 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. Amended by P.L.90-2011, SEC.49.
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
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 members as determined by agreement
between the parties.
As added by P.L.1-2005, SEC.19. Amended by P.L.38-2014, SEC.10.
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.
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