1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1713 By: Jech
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6 AS INTRODUCED
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7 An Act relating to interlocal cooperative agreements;
7 amending 70 O.S. 2021, Section 5-117b, which relates
8 to interlocal cooperative agreements between boards
8 of education of two or more school districts;
9 requiring certain boards of directors to maintain
9 certain positions on board; updating statutory
10 language; providing an effective date; and declaring
10 an emergency.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 70 O.S. 2021, Section 5-117b, is
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15 amended to read as follows:
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16 Section 5-117b. A. The boards of education of any two or more
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17 school districts may enter into an interlocal cooperative agreement
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18 for the purpose of jointly and comparatively performing any of the
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19 services, duties, functions, activities, obligations, or
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20 responsibilities which are authorized or required by law to be
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21 performed by school districts of this state. Two or more school
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22 districts may enter into an interlocal cooperative agreement for the
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23 purpose of forming buying pools and purchasing cooperatives. As
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24 used in this section, “interlocal cooperative agreement” means an
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 1 agreement which is entered into by the boards of education of two or
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2 more school districts pursuant to the provisions of this section.
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3 This section shall not prohibit school districts from entering into
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4 cooperative agreements authorized under Section 5-117 of this title
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5 or interfere with existing cooperative agreements between school
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6 districts. If the boards of education of any two or more school
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7 districts enter into an interlocal cooperative agreement the
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8 following conditions may apply:
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9 1. An interlocal cooperative agreement shall establish a board
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10 of directors which shall be responsible for administering the joint
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11 or cooperative undertaking. The agreement shall specify the
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12 organization, terms, and composition of, and manner of appointment
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13 to, the board of directors and shall make provision for
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14 restructuring or terminating the board upon partial or complete
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15 termination of the agreement. The board of directors shall be
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16 selected by the board of education of each contracting school
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17 district and may include but not be limited to a board member,
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18 administrator, or teacher from each contracting school district.
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19 Vacancies in the membership of the board of directors shall be
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20 filled within thirty (30) days from the date of the vacancy in the
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21 manner specified in the agreement. Provided, however, an interlocal
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22 cooperative agreement entered into pursuant to this act for the
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23 purpose of providing insurance for Oklahoma educational institutions
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 1 shall maintain at least one of each of the following positions on
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2 the board of directors:
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3 a. an individual who is a member of the American Academy
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4 of Actuaries, and
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5 b. an individual with more than ten (10) years of
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6 professional experience in property and casualty
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7 insurance;
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8 2. An interlocal cooperative agreement which is optional to
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9 school districts and shall be effective only after it is approved by
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10 the State Board of Education and the board of directors may be
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11 designated as a local education agency for some or all state and
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12 federal application, reporting, and auditing procedures. An
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13 interlocal cooperative board of directors that has been designated
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14 as a local education agency shall comply with state and federal law
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15 and the regulations of the State Board of Education;
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16 3. An interlocal cooperative agreement shall be subject to
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17 change or termination by a recommendation of the State Board of
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18 Education;
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19 4. The duration of an interlocal cooperative agreement for
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20 joint or cooperative action in performing any of the services,
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21 duties, functions, activities, obligations, or responsibilities,
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22 other than the provision of special education services, which are
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23 authorized or required by law of school districts in this state,
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24 shall be for a term of not less than one (1) year. Notice of intent
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 1 of a school district to withdraw from the cooperative agreement must
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2 be given no later than March 15 for the ensuing school year;
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3 5. An interlocal cooperative agreement shall specify the method
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4 or methods to be employed for disposing of property upon partial or
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5 complete termination of the agreement;
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6 6. Within the limitations provided by law, an interlocal
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7 cooperative agreement may be changed or modified by majority consent
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8 of the interlocal cooperative board of directors;
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9 7. Except as otherwise specifically provided in this section,
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10 any powers, privileges, or authority exercised or capable of being
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11 exercised by any school district of this state, or by any board of
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12 education thereof, may be jointly exercised pursuant to the
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13 provisions of an interlocal cooperative agreement. Federal grant
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14 money, applied for on behalf of a school district, may be disbursed
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15 directly to a an interlocal cooperative with the consent of the
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16 school districts comprising the interlocal cooperative. No powers,
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17 privileges, or authority with respect to the levy and collection of
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18 taxes or the application for or receipt of State Aid formula money,
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19 or the issuance of bonds shall be created or effectuated for joint
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20 exercise pursuant to the provisions of an interlocal cooperative
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21 agreement; and
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22 8. Payments from the general fund of each school district which
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23 enters into any interlocal cooperative agreement for the purpose of
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 1 financing the joint or cooperative undertaking provided for by the
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2 agreement shall be operating expenses.
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3 B. Nothing contained in this section shall be construed to
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4 abrogate, interfere with, impair, qualify, or affect in any manner
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5 the exercise and enjoyment of all the powers, privileges, and
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6 authority conferred upon school districts and boards of education by
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7 law, except that boards of education and school districts are
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8 required to comply with the provisions of this section when entering
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9 into an interlocal cooperative agreement that meets the definition
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10 of an interlocal cooperative agreement.
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11 SECTION 2. This act shall become effective July 1, 2024.
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12 SECTION 3. It being immediately necessary for the preservation
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13 of the public peace, health or safety, an emergency is hereby
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14 declared to exist, by reason whereof this act shall take effect and
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15 be in full force from and after its passage and approval.
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17 59-2-2605 RD 1/16/2024 5:34:29 PM
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