Section 14.02. Minimum uniform provisions for contracts between 2 or more school districts under s. 66.0301, Stats.

 

(1)   Definitions. In this section:

(a) "Cooperative program" means the program operated in accordance with an agreement under this section.

(b) "Municipality" has the meaning set forth in s. 66.0301 (1) (a) , Stats.

(2)   Minimum uniform contract provisions. Section 66.0301 (2) , Stats., permits any municipality to contract with other municipalities for the receipt or furnishing of services or the joint exercise of any power or duty required or authorized by law. This section sets forth minimum uniform contract requirements for agreements between 2 or more school districts under s. 66.0301 , Stats., except that this section does not apply to agreements entered into under s. 120.25 , Stats. Any cooperative program between 2 or more school districts under this section shall meet all of the following requirements:

(a) The school board of each participating school district shall approve the contract by adoption of a resolution.

(b) The contract shall provide for and describe the cooperative program being entered into under s. 66.0301 , Stats., and this section.

(c) The contract shall specify one participating school district to be the operator and fiscal agent of the cooperative program, and shall require the fiscal agent to do all of the following:

1. Establish and maintain records in accordance with the uniform financial accounting system prescribed by the department under s. 115.28 (13) , Stats.

2. File all required financial reports with the department.

3. Upon request of the department, file a copy of the contract and the plan of operation with the department.

(d) The contract shall specify that pupil membership, for state aid purposes, shall be counted by each pupil's school district of residence.

(e) The annual budget for the cooperative program shall be approved by the school board of each participating school district prior to the beginning of the fiscal year. The annual budget shall include all of the applicable direct instructional costs, and all applicable support service and non-program costs, such as administrative salaries and services, audit costs, fiscal services, custodial services, utilities, maintenance services, space rental, and building administration.

(f) The contract shall specify that the proration of costs to each participating school district shall be determined prior to June 30 each year. The proration of costs to each participating school district in cooperative programs which provide services directly to pupils shall be based on the number of pupils from each school district participating in the cooperative program. The proration of costs to each participating school district in cooperative programs which do not provide services directly to pupils, or which provide services directly to pupils but on a specified time basis in each of the school districts, shall be made on a basis which is fair and equitable to each participating school district, such as the percentage of employee time spent in or on behalf of each school district. The contract shall provide that state aid reimbursements shall be prorated to the participating school districts on the same basis as the proration of costs.

(g) Unless transportation is included in the cooperative program, any transportation of pupils shall be furnished by the school district of residence and the applicable transportation state aid shall be claimed by the school district of residence.

(h) The contract shall provide that prior approval from the school board of each participating school district shall be required prior to any budget variations.

(i) The contract shall be signed and dated by the president and clerk of the school board of each participating school district.

History: Cr. Register, February, 1979, No. 278 , eff. 3-1-79; am. (1), (2) (d), (i) and (l), Register, June, 1983, No. 330 , eff. 7-1-83; r. and recr. Register, June, 1988, No. 390 , eff. 7-1-88; am. (2) (g), Register, April, 2001, No. 544 , eff. 5-1-01; corrections in (1) (b), (2) (intro.) and (b) made under s. 13.93 (2m) (b) 7., Stats., Register October 2001 No. 550 .