Current through Reg. 50, No. 187; September 24, 2024
(1) District school boards are authorized to
enter into cooperative or joint projects and activities as provided in Section
1001.42(14),
F.S.; provided however, that any disagreements which cannot be satisfactorily
resolved by the parties to such agreements may be referred to the Commissioner
whose decision shall be binding on all cooperating boards.
(2) District school boards are authorized to
establish educational consortia which are designed to provide joint programs
and services to cooperating school districts.
(a) Establishment of consortium. Cooperating
districts shall establish the consortium by a resolution of each school board.
A district school board choosing to join a consortium shall by resolution
declare its participation by setting forth at least the following:
1. The specific needs of the district which
will be met by consortium activities.
2. The services to be received by the
district.
3. A beginning date of
entry into the agreement.
4. A
termination date for the agreement or an annual option renewal date when the
objectives to be achieved exceed one (1) fiscal year.
5. Amounts of funds to be paid annually for
the services received or the specific method of computation used to determine
such amounts.
(b)
District of record. Cooperating districts shall designate a district of record
for contractual and reporting purposes. The school board of the district of
record shall be the responsible entity for contracting for services and
materials necessary for fulfillment of consortium programs and services to
member districts. The district of record shall provide a monthly financial
report to member districts and shall separately report on the financial status
of the consortium in the annual financial report of the district to the
Commissioner. The district of record shall be entitled to reasonable
compensation for accounting and other services performed. It may also be
compensated for use of physical facilities.
(c) Consortium board of directors. The
superintendent of schools of cooperating districts or his/her designee shall
constitute the consortium board of directors. The consortium board of directors
shall determine the products and services to be provided by the consortium;
however, in all contractual matters the school board of the district of record
must act on proposed actions of the consortium. The board of directors shall
establish a uniform method for participating districts to evaluate
services.
(d) Settlement of
disagreements. In the event a controversy arises and agreement cannot be
reached after the consortium is formed and operating, the matter may be
referred jointly by the cooperating school boards or by any individual board to
the Commissioner. The Commissioner's decision shall be binding on all school
boards.
(e) Accounting. All
financial transactions of the consortium are to be accounted for separately by
the district of record in the appropriate proprietary fund as determined by
generally accepted accounting principles. Income to the fund will be composed
of payments from cooperating districts, including the district of record,
receipts from goods and services provided non-member districts, and the
receipts from grants to the consortium. Cooperating districts, including the
district of record, may make payments to the consortium in advance of delivery
of services and products. Disbursements from the fund shall include payments
for products and services, including agreed-upon services furnished by the
district of record, and any refunds due cooperating districts. All transactions
with the district of record shall be recorded in the fund. Accounts used shall
be those prescribed in the publication entitled, Financial and Program Cost
Accounting and Reporting for Florida Schools, as incorporated by reference in
Rule 6A-1.001, F.A.C.
(f) Petty cash. The school board of the
district of record may authorize a petty cash fund for the consortium in an
amount commensurate with the established need, but not to exceed three hundred
dollars ($300).
(g) Employment of
personnel. The consortium board of directors shall recommend establishment of
positions and individuals for appointment to the district of record. Formal
recommendation and approval of personnel shall be accomplished in accordance
with statutory authority. Personnel shall be employed under the salary schedule
and personnel policies of the district of record and shall be deemed to be
public employees of the district of record. Where personnel are employed in an
instructional capacity, contract status shall be consistent with provisions of
Section 1012.33, F.S.
(h) Physical property. Ownership and control
of any physical property shall be vested in the district of record. The
district of record may acquire such property and charge the consortium a
negotiated use charge. The consortium may advance all or part of the
acquisition price to the district of record.
(i) Allocation of common costs. Common costs
are defined as those costs which are applicable to all consortium activities or
to all users of certain products or services. The consortium board of directors
shall recommend to the district of record equitable bases for the allocation of
common costs. These bases shall be used in billing cooperative districts for
common costs or in establishing pricing for products and services. The
consortium board of directors shall recommend pricing adjustments as necessary
to achieve break-even status.
Rulemaking Authority
1001.02(1),
1001.42(14) FS.
Law Implemented 1001.42(14)
FS.
New 2-20-64, Amended 9-17-72, Repromulgated 12-5-74,
Amended 6-9-81, 9-27-84, Formerly 6A-1.99, Amended 5-26-02,
4-21-09.