6A-1.099. Cooperative Projects and Activities

(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. History–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.