Section 15.1-09.1-02 - Regional education associations - Review by superintendent of public instruction - CriteriaIn order for a group of school districts to be designated as a regional education association, the superintendent of public instruction shall review the joint powers agreement that the districts have entered and verify that the requirements of this section have been met.
1. The school districts must: a. Have a combined total land mass of at least five thousand eight hundred square miles [1502193 hectares];b.(1) Have a combined total land mass of at least four thousand five hundred square miles [1165494 hectares]; and(2) Number at least twelve;c.(1) Have a combined total land mass of at least four thousand square miles [1035995 hectares]; and(2) Have at least three thousand students in average daily membership; or d.(1) Have a combined total land mass of at least one thousand five hundred square miles [388498 hectares]; and(2) Have at least seven thousand five hundred students in average daily membership.2. The school districts must be contiguous to each other or, if the districts are not contiguous to each other, the superintendent of public instruction shall verify that the participating districts can provide sound educational opportunities to their students in a fiscally responsible manner without injuring other school districts or regional education associations and without negatively impacting the ability of other school districts or regional education associations to provide sound educational opportunities to their students in a fiscally responsible manner. A decision by the superintendent of public instruction under this subsection may be appealed to the state board of public school education. A decision by the state board is final.3. The joint powers agreement must require that the participating school districts maintain a joint operating fund.4. The joint powers agreement must provide:a. Criteria for the future participation of school districts that were not parties to the original joint powers agreement;b. An application process by which school districts that were not parties to the original joint powers agreement can become participating districts; and c. A process by which school districts that were not parties to the original joint powers agreement and whose application to participate in the agreement was denied can appeal the decision to the superintendent of public instruction.5. The joint powers agreement must provide for the employment and compensation of staff.6. The joint powers agreement must: a. Establish the number of members on the governing board;b. Establish the manner in which members of the governing board are determined;c. Require that each member of the governing board be an individual currently serving on the board of a participating school district or the designee of a participating school district's board; and d. Allow for the inclusion of ex officio nonvoting members on the governing board.7. The joint powers agreement must provide that the board of the regional education association shall meet at least quarterly.8. The joint powers agreement may not permit the regional education association to compensate members of the regional education association board for attending meetings of the board and does not permit the regional education association to reimburse members of the board for any expenses incurred in attending meetings of the board.Amended by S.L. 2011, ch. 147 (SB 2150),§ 3, eff. 7/1/2011.