The Vermont Statutes Online

Title 16: Education

Chapter 010: BOARDS OF COOPERATIVE EDUCATION SERVICES

• § 601. Policy

  It is the policy of the State to allow and encourage supervisory unions to create boards of cooperative education services to provide shared programs and services on a regional and statewide level. Formation of a board of cooperative education services shall be designed to build upon the geographically focused cooperative regions used by Vermont superintendents as of July 1, 2024; maximize the impact of available dollars through collaborative funding; reduce duplication of programs, personnel, and services; and contribute to equalizing educational opportunities for all pupils. (Added 2023, No. 168 (Adj. Sess.), § 2, eff. July 1, 2024.)

• § 602. Definitions

  As used in this chapter:

  (1) “Educator” means any:

  (A) individual licensed under chapter 51 of this title, the majority of whose employed time in a public school district, supervisory union, or board of cooperative education services is assigned to furnish to students direct instructional or other educational services, as defined by rule of the Standards Board, or who is otherwise subject to licensing as determined by the Standards Board; or

  (B) individual licensed under chapter 51 of this title, the majority of whose employed time in a public school, school district, or supervisory union is assigned to developing and managing school curriculum, evaluating and disciplining personnel, or supervising and managing a public school system or public school program.

  (2) “Supervisory union” means an administrative, planning, and educational service unit created by the State Board under section 261 of this title that consists of two or more school districts. This term also means a supervisory district. (Added 2023, No. 168 (Adj. Sess.), § 2, eff. July 1, 2024.)

• § 603. Creation of board of cooperative education services; organization; Secretary approval

  (a) Establishment of boards of cooperative education services. When the boards of two or more supervisory unions vote to explore the advisability of entering into a written agreement to provide shared programs and services, the interested boards shall meet and discuss the terms of any such agreement. At this meeting or a subsequent meeting, the participating boards may enter into a proposed agreement to form an association of supervisory unions to deliver shared programs and services to complement the educational programs of member supervisory unions in a cost-effective manner. An association formed pursuant to this chapter shall be known as a board of cooperative education services (BOCES) and shall be a body politic and corporate with the powers and duties afforded them under this chapter.

  (b) Articles of agreement. Agreements to form a BOCES pursuant to this chapter shall take the form of articles of agreement and shall serve as the operating agreement for a BOCES. Agreements shall include a cost-benefit analysis outlining the projected financial savings or enhanced outcomes, or both, that the parties expect to realize through shared services or programs. No agreement or subsequent amendments shall take effect unless approved by the member supervisory union boards and the Secretary of Education. The Secretary shall approve articles of agreement if the Secretary finds that the formation of the proposed BOCES is in the best interests of the State, the students, and the member supervisory unions and aligns with the policy set forth in section 601 of this title, subject to the limitations of subsection (d) of this section. At a minimum, the articles of agreement shall state:

  (1) the names of the participating supervisory unions;

  (2) the mission, purpose, and focus of the BOCES;

  (3) the programs or services to be offered by the BOCES;

  (4) the financial terms and conditions of membership of the BOCES, including any applicable membership fee;

  (5) the service fees for member supervisory unions and the service fees for nonmember supervisory unions, as applicable;

  (6) the detailed procedure for the preparation and adoption of an annual budget with carryforward provisions;

  (7) the method of termination of the BOCES and the withdrawal of member supervisory unions, which shall include the apportionment of assets and liabilities;

  (8) the procedure for admitting new members and for amending the articles of agreement;

  (9) the powers and duties of the board of directors of the BOCES to operate and manage the association, including:

  (A) board meeting attendance requirements;

  (B) consequences for failure to attend a board meeting;

  (C) a conflict-of-interest policy; and

  (D) a policy regarding board member salaries or stipends; and

  (10) any other matter not incompatible with law that the member supervisory unions consider necessary to the formation of the BOCES.

  (c) Board of directors. A BOCES shall be managed by a board of directors, which shall be composed of one person appointed annually by each member supervisory union board. Appointed persons shall be members of a member supervisory union board or the superintendent or designee of the member supervisory union. Each member of the BOCES board of directors shall be entitled to a vote. No member of the board of directors of a BOCES shall serve as a member of a board of directors or as an officer or employee of any related for-profit or nonprofit organization. The board of directors shall elect a chair from its members and provide for such other officers as it may determine are necessary. The board of directors may also establish subcommittees and create board policies and procedures as it may determine are necessary. The board of directors shall meet not fewer than four times annually. Each member of the board of directors shall provide updates on the activities of the BOCES on a quarterly basis to the member’s appointing supervisory union board at an open board meeting.

  (d) Number of BOCESs. There shall be not more than seven BOCESs statewide. Supervisory unions shall not be a member of more than one BOCES but may seek services as a nonmember from other BOCESs. (Added 2023, No. 168 (Adj. Sess.), § 2, eff. July 1, 2024.)

• § 604. Powers of boards of cooperative education services

  (a) In addition to any other powers granted by law, a BOCES shall have the power to provide educational programs, services, facilities, and professional and other staff that, in its discretion, best serve the needs of its members. A BOCES shall follow all applicable State and federal laws in its provision of services, including Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400–1482.

  (b) A BOCES may employ an executive director who shall serve under the general direction of the board and who shall be responsible for the care and supervision of the BOCES. The board shall annually evaluate the executive director’s performance and effectiveness in implementing the programs, policies, and goals of the BOCES. The executive director shall not serve as a board member, officer, or employee of any related for-profit or nonprofit organization.

  (c) A BOCES shall be a body politic and corporate and shall have standing to sue and be sued to the same extent as a school district. A BOCES may enter into contracts for the purchase of supplies, materials, and services and for the purchase or leasing of land, buildings, and equipment as considered necessary by the board of directors. Section 559 of this title shall apply to the procurement of services or items with costs that exceed $40,000.00, as well as high-cost construction contracts, as defined by subsection 559(b) of this title.

  (d) The board of directors of a BOCES may apply for State, federal, or private grants, for which a BOCES may be otherwise eligible, to obtain funds necessary to carry out the purpose for which the BOCES is established. Nothing in this chapter is intended to create an entitlement to federal funds distributed by the Agency of Education to local education agencies. (Added 2023, No. 168 (Adj. Sess.), § 2, eff. July 1, 2024.)

• § 605. Financing, budgeting, and accounting

  (a) Education cooperative fund. A BOCES shall establish and manage a fund to be known as an education cooperative fund. All monies contributed by the member school districts and all grants or gifts from the federal government, State government, charitable foundations, private corporations, or any other source shall be deposited into the fund.

  (b) Treasurer.

  (1) A BOCES shall appoint a treasurer who may be a treasurer of a member school district and who shall be sworn in before entering the duties of the office.

  (2) The treasurer may, subject to the direction of the board of directors, receive and disburse all money belonging to the board without further appropriation.

  (3) The treasurer shall keep financial records of cash receipts and disbursements and shall make those records available to the board of directors upon request.

  (4) The board of directors shall ensure that its blanket bond covers a newly appointed treasurer before the treasurer enters upon the duties of the office. In lieu of a blanket bond, a BOCES may choose to provide suitable crime insurance coverage. The board of directors may pay reasonable compensation to the treasurer for services rendered and shall evaluate the treasurer’s performance annually.

  (c) Financial accounting system. A BOCES shall use the uniform chart of accounts and financial reporting requirements used by supervisory unions as its financial accounting system.

  (d) Audit. Annually, a BOCES shall cause an independent audit to be made of its financial statements consistent with generally accepted governmental auditing standards and shall discuss and vote to accept the audit report at an open meeting of the board. The board shall transmit a copy of each audit to the boards of its member supervisory unions.

  (e) Annual statement. Annually, a BOCES shall prepare financial statements, including:

  (1) a statement of net assets; and

  (2) a statement of revenues, expenditures, and changes in net assets.

  (f) Budget. A board of cooperative education services shall adopt a budget prior to the beginning of the fiscal year for which the budget is adopted.

  (g) Loans. A BOCES may, upon approval of its members, negotiate or contract with any person, corporation, association, or company for a loan not to exceed the difference between the anticipated revenues for the current fiscal year for the budget of the BOCES and the amount credited to date to said budget in order to pay current obligations. Such loan shall be liquidated within six months thereafter from monies subsequently credited to said budget. The total principal, interest, and fees to be paid on such loan shall not exceed the total amount of the authorized budget for the same length of time. (Added 2023, No. 168 (Adj. Sess.), § 2, eff. July 1, 2024.)

• § 606. Annual report; public information

  (a) The board of a BOCES shall prepare an annual report concerning the affairs of the BOCES and have it printed and distributed to the boards of the member supervisory unions. The annual report shall include, at a minimum:

  (1) information on the programs and services offered by the BOCES, including information on the cost-effectiveness of such programs and services and progress made towards achieving the objectives and purposes set forth in the articles of agreement; and

  (2) audited financial statements and the independent auditor’s report.

  (b) A BOCES shall maintain an internet website that makes the following information available to the public at no cost:

  (1) a list of the members of the board of directors of the BOCES;

  (2) copies of approved minutes of open meetings held by the board of the BOCES;

  (3) a copy of the articles of agreement and any subsequent amendments; and

  (4) a copy of the annual report required under subsection (a) of this section. (Added 2023, No. 168 (Adj. Sess.), § 2, eff. July 1, 2024.)

• § 607. Employment

  (a) A BOCES shall be considered to be a public employer and may employ personnel, including educators, to carry out the purposes and functions of the board. Annually, the board of a BOCES shall conduct an area survey of the salaries of the educators and staff employed by the BOCES’s member supervisory unions and school districts.

  (b) No person shall be eligible for employment by a BOCES as an educator unless the person is appropriately licensed by the Standards Board for Professional Educators pursuant to chapter 51 of this title.

  (c) A person employed by a BOCES as an educator shall be a participant in the Vermont State Teachers’ Retirement System pursuant to chapter 55 of this title.

  (d) A person who is employed by a BOCES and who is not educator shall be a participant in the Vermont Municipal Employees’ Retirement System pursuant to 24 V.S.A. chapter 125.

  (e) Educators employed by a BOCES shall be entitled to organize pursuant to chapter 57 of this title.

  (f) Employees employed by a BOCES and who are not educators shall be entitled to organize pursuant to 21 V.S.A. chapter 22.

  (g) Educators and employees who are employed by a BOCES shall be provided health care benefits pursuant to chapter 61 of this title. (Added 2023, No. 168 (Adj. Sess.), § 2, eff. July 1, 2024.)