Policy LBB-E: Hampshire Educational Collaborative

  I. Authority: This agreement by and among the subscribed school committees, referred to hereinafter as member committees, is made pursuant with authority contained in Chapter 40, Section 4E of the Massachusetts General Laws as amended by Chapter 797 of the Acts of 1974.

II. Name: The name of the organization formed by this agreement will be the Hampshire Educational Collaborative.

III. Purpose: The primary purpose of the Collaborative is to maximize educational quality in the member school districts. It is based on the premise that there are many things in education that can be done more effectively and efficiently by the pooling of resources among a number of school districts. It is anticipated that each district will be able to broaden substantially the number and quality of programs and services available to children regardless of district size. The Collaborative will address itself to education broadly, supporting those programs and projects which in the discretion of the Board of Governors merit attention. Major initial thrusts of the Collaborative will be in the area of occupational and career education and in dealing with children with special needs, in particular the implementation of Chapter 71B of the General Laws (State. 1972, Chapter 766).

IV. When Effective: This agreement will become effective when adopted by the vote of three or more city or town school committees and/or regional district school committees and when approved by the Commissioner of Education in accordance with Chapter 40, Section 4E of the Massachusetts General Laws as amended by Chapter 797 of the Acts of 1974.

V. Governance: Governance of the Collaborative is vested in a Board of Governors composed of one representative of each member district. The Board of Governors shall have the entire charge, control and management of the Collaborative, its property and business, and may exercise all or any of its powers. A majority of the Board shall constitute a quorum. The Board of Governors shall elect an Executive Director who will be the chief administrative officer of the Collaborative.

VI. Treasurer: The treasurer of the Hampshire Educational Collaborative shall be the treasurer of the member city or town which has the largest population according to the latest federal census of the cities and towns forming each educational collaborative board without compensation.

The Hampshire Educational Collaborative Board of Governors shall establish and manage a trust fund to be known as Hampshire Educational Collaborative Fund, and each such additional fund shall be designated by an appropriate name. All monies contributed by the member municipalities, and all grants or gifts from the federal government, state government, charitable foundations, private corporations, or any other source, will be paid to Hampshire Educational Collaborative Board of Governors and deposited in the aforesaid fund.

VII. Fiscal Year: The fiscal year of the Collaborative will end on the last day of June.

VIII. Financial Support: Administrative costs of the Collaborative shall be apportioned pro-rate among member school districts on the basis of student census as of October 1 of the preceding fiscal year. The cost of programs sponsored by the Collaborative shall be assessed by member school districts on the basis of the number of pupils participating and the program cost per pupil.

IX. Termination of Agreement: This agreement may be terminated at the end of any fiscal year by written notice of termination given by any committee which has entered into such agreement to each other committee at least six months before the end of such year.

X. Disposition of Assets: So long as the Collaborative exists, a committee terminating membership shall be entitled to none of the assets of the Collaborative; rather, all assets shall remain in the Collaborative. The Collaborative shall be in existence so long as it has a minimum of three member committees. The Collaborative shall be deemed to be dissolved when committee membership becomes fewer than three. At the time of such dissolution, all unencumbered funds and all equipment and supplies shall be divided at the discretion of the Board of Governors among school committees who were members of the Collaborative during the previous fiscal year.

XI. Amendment of Agreement: This agreement may be amended at any time by the affirmative vote of two-thirds of the member school committees. Such amendments, as so voted, shall be mailed to each member school committee no later than ninety days preceding the end of the fiscal year, and shall become effective on the first day of the fiscal year following the notification. Notwithstanding the preceding amendment procedure, this Agreement may be amended at any time by the affirmative vote of all member school committees, such amendment to become effective immediately upon such unanimous approval. No amendment to this agreement will be valid until approved by the Commissioner of Education in accordance with Chapter 40, Section 4E of the Massachusetts General Laws as amended by Chapter 797 of the Acts of 1974.

HAMPSHIRE EDUCATIONAL COLLABORATIVE

ARTICLES OF AGREEMENT

JULY 16, 1987

ARTICLE

I. Authority: This agreement by and among the subscribed school committees, referred to hereinafter as member committees, is made pursuant with authority contained in Chapter 40, Section 4E of the Massachusetts General Laws as most recently amended.

II. Name: The name of the organization formed by this agreement will be the Hampshire Educational Collaborative.

III. Purpose: The Mission of the Hampshire Educational Collaborative is to enhance the resources of the member school districts by identifying and providing quality programs and services which can be delivered more effectively and efficiently through collaboration.

Goals:
1. To provide services and programs for low-incidence SPED populations.
2. To provide services and programs to non-member school systems when such services support HEC’s mission statement.
3. To provide services and programs for low-subscription regular education populations.
4. To provide services and programs for low-incidence vocational education populations.
5. To provide shared personnel to accomplish administrative tasks common to member districts.
6. To provide staff development opportunities for support personnel.
7. To provide staff development opportunities for teaching staff and administrators.
8. To take an active role in building and maintaining legislative and DOE support for collaboratives.
9. To maintain communication with member communities on a regular basis.
10. To act as an educational resource to member districts to explore new or alternative programs and services.
11. To provide for the development of additional programs in response to needs assessments.

IV. Membership: The founding participating school systems as of June 30, 1987, are Amherst, Amherst-Pelham Regional, Belchertown, Easthampton, Granby, Hadley, Hampshire Regional, Hatfield, Northampton, Pelham, South Hadley, Union 66 and Ware. Membership shall be available to school districts in the Massachusetts Counties of Franklin, Hampden and Hampshire. Application for membership shall be in the form of a resolution of the school committee of the applying school district adopting the “Agreement of Association forming the Hampshire Educational Collaborative,” submitted to the Board of Governors. School systems applying for membership subsequent to June 30, 1987, shall be designated as non-founding members. Such a school system shall submit a resolution specifying its agreement to pay to the Hampshire Educational Collaborative such annual assessments and charges as may be determined by the HEC Board of Governors at any regularly scheduled legally constituted meeting. If approved by the Board of Governors at any regularly scheduled meeting, full membership privileges according to the terms of this agreement, shall accrue to all non-founding members except participation in the distribution of assets, in the event of the dissolution of the collaborative, or in participation in any vote related to the distribution of assets.”

Membership for any such new (non-founding) member shall begin at the start of the fiscal year. There shall be a single membership for school districts that are co-terminus (Superintendency Union and Regional High School District, for example). The Commissioner of Education will be notified through the appropriate regional education center, thirty days prior to the effective date, of the admission of a new member.

V. When Effective: This agreement will become effective when adopted by the affirmative vote of two-thirds of the founding participating school systems, as described in Article IV, and according to procedures prescribed in Article IV, and according to procedures prescribed in Article XIII.

VI. Governance: Governance of the Collaborative is vested in a Board of Governors composed of one representative appointed by each member district. The Department of Education shall appoint an individual to serve in an advisory capacity to the education collaborative board. The Department of Education representative shall have no power to vote on any matter, which comes before the Board of Governors of the Collaborative. The Board of Governors shall elect an Executive Director who will be the chief administrative officer of the Collaborative.

Section 1. Selection. The Board of Governors shall consist of one representative from each member school district. The term of office of the Governors shall be one year from the date of appointment. Governors shall be appointed by each member school district, and a written notice of this appointment shall be submitted to the office of the Collaborative immediately following vote by the member school district.

Each school system may designate one of its members as an alternative, with full authority to represent that school system at any meeting, which the original delegate may not attend.

Section 2. Vacancies. Notice of vacancy on the Board of Governors shall be sent to the appropriate school committee by the Governors. It shall be the responsibility of the member school committee to fill the vacancy.

Section 3. Enlargement of Board. The membership on the Board of Governors shall be identical at all times with the number of member school districts.

Section 4. Tenure. Governors shall hold office until the next annual meeting of membership and thereafter until their successors are chosen and qualified. Any Governor may resign by delivering his written resignation to the Collaborative at its principal office.

Section 5. Removal. A governor may be removed from office for cause by recommendation voted by a two-thirds vote of the Board of Governors, and ratification of the recommendation by a vote of recall of the appointing school district.

VII. Voting. Voting shall be based on a total for the Board of Governors of one hundred (100) votes, which shall be known as the total voting strength. Each member school district, through its Governor, shall be entitled to a share of the total voting strength equal to its proportion of the total administrative assessment contributed by the member districts in a given fiscal year.

A majority of the voting strength present and voting at an official Board meeting shall determine any question, except change in the provisions of this agreement, which will require a two-thirds vote of the voting strength present, as provided in Section XIII of this Agreement.

Notwithstanding the above, any vote pertaining to the distribution of assets will be the sole prerogative of “founding members.” No non-founding member will participate in such a vote, and any question on the distribution of assets will be determined by a two-thirds vote of the “founding members.”

VIII. Article III. Officers.

Section 1. Enumeration. The officers of the Collaborative shall be a Chairperson, Vice-Chairperson, Secretary, and/or Treasurer.

Section 2. Qualifications. The Chairperson and Vice-Chairperson shall be members of the Board of Governors. The Secretary may not be a member of the Board of Governors.

Section 3. Election and Term of Office. All officers shall be elected annually by the Governors at their first meeting following the annual meeting held in lieu thereof. Officers may succeed themselves.

Section 4. Tenure. Officers shall hold office until the first meeting of the Governors following the annual meeting of members, or the special meeting held in lieu thereof. Any officer may resign by delivering his written resignation to the Collaborative at its principal office or to the Chairperson or Secretary, and such resignation shall be effective upon receipt unless it is specified to be effective at some other time or upon the happening of some other event.

Section 5. Removal. The Governors may remove any officer with or without cause by a vote of a two-thirds majority of the entire number of Governors then in office, provided that an officer may be removed for cause only after reasonable notice and opportunity to be heard by the Board of Governors prior to action thereon.

Section 6. Chairperson. The Chairperson when present shall preside at all meetings of the members and of the Governors. It shall be his/her duty and he/she shall have the power to see that all orders and resolutions of the Governors are carried into effect. The Chairperson, as soon as reasonably possible after the close of each fiscal year, shall submit to the Governors a report of the operations of the Collaborative for such year and a statement of its affairs and shall from time to time report to the Governors all matters within his/her knowledge which the interests of the Collaborative may require to be brought to its notice. He/she shall certify payment of debts of the Collaborative. The Chairperson shall perform such duties and have such powers additional to the foregoing, as the Governors shall designate.

Section 7. Vice-Chairperson. In the absence or disability of the Chairperson, his/her powers and duties shall be performed by the Vice-Chairperson. The Vice-Chairperson shall have other powers and perform such other duties, as the Governors shall from time to time designate.

Section 8. Treasurer. The Treasurer shall be elected by the Board of Governors and shall serve for one year at the pleasure of the Board. The Treasurer shall be compensated by the Board at a rate approved by the Board and shall be bonded in the amount recommended by the Commissioner of Corporations and Taxation. No member of the Collaborative Board shall be eligible to serve as Treasurer of the Collaborative.

The Treasurer shall keep full and accurate accounts of receipts and disbursements in books belonging to the Collaborative and shall deposit all monies and other valuable effects in the name and to the credit of the Collaborative in such depositaries as shall be designated by this Agreement of Association. He or she shall disburse the funds of the Collaborative as shall be ordered by the Chairperson or Vice-Chairperson in accordance with the requirements of the General Laws of the Commonwealth, taking proper vouchers for such disbursements. The Treasurer shall promptly render to the Chairperson and to the Governors such statements of his/her accounts as the Chairperson and Governors respectively may from time to time require. The Treasurer shall perform such duties and have such powers additional to the foregoing as the Governors may designate.

The Treasurer shall be authorized, subject to the direction of the HEC Board of Governors, to receive and disburse all monies of the trust fund without further appropriation.

IX. Finance, Fiscal Year:

  1. The fiscal year of the Collaborative shall be the year ending with the last day of June in each year.
    2. The Hampshire Educational Collaborative Board of Governors shall establish and manage a trust fund to be known as Hampshire Educational Collaborative Fund, and each such additional fund shall be designated by an appropriate name. All monies contributed by the member municipalities, and all grants or gifts from the federal government, state government, charitable foundations, private corporations, or any other source, will be paid to Hampshire Educational Collaborative Board of Governors and deposited in the aforesaid fund.
    3. Administrative costs of the Collaborative shall be apportioned pro rata among member school districts on the basis of student enrollment as of October 1 of the preceding fiscal year. Notwithstanding this policy, the Board of Governors may, at its discretion and at a legally constituted meeting, establish a maximum allocation.
    4. The cost of programs sponsored by the Collaborative shall be assessed member school districts on the basis of the number of participants.

X. Meetings.

Section 1. Annual Meeting. The annual meeting of the Collaborative shall be held in September at the first scheduled regular meeting of the school year, on date and hour fixed by the Board of Governors and stated in a notice of the meeting issued according to this agreement. Immediately after each annual meeting of members, or the special meeting held in lieu thereof, there shall be a meeting of the Governors. If a quorum of the Governors is not present at such meeting, or if present do not proceed immediately thereafter to hold a meeting of the Governors, the annual meeting of the Governors shall be called hereinafter provided with respect to the call of special meetings of the Governors.

Section 2. Regular Meetings. Regular meetings of the Governors may be held at such times and places as shall from time to time be fixed by resolution of the Board and no notice need be given of regular meetings held at times and places so fixed, PROVIDED, HOWEVER, that any resolution relating to the holding of regular meetings shall remain in force only until the next annual meeting of members, or the special meeting held in lieu thereof, and that if at any meeting of Governors at which a resolution is adopted fixing the times or place or places any Governor is absent, no meeting shall be held pursuant to such resolution until either each such absent Governor has in writing or by telegram approved the resolution or seven days have elapsed after a copy of the resolution certified by the Clerk has been mailed, postage prepaid, addressed to each such absent Governor at his last known home or business address.

Section 3. Special Meetings. Special meetings of the Governors may be called by the Chairman or by the Vice-Chairman or by any two Governors and shall be held at the place designated in the call thereof.

Section 4. Notices: Notice of all special meetings of the membership shall be given as follows: A written notice stating the place, day and hour thereof shall be given by the Board of Governors or their designee, at least four days before the meeting to each member entitled to vote thereat, by mailing, postage prepaid, to the member’s address as it appears on the books of the Collaborative. Notice shall state the purpose for which the meeting is called. No call of a special meeting of the membership shall be required if such notice of the meeting shall have been waived in writing by every member entitled to vote thereof.

XI. Withdrawal from the Collaborative: This agreement may be terminated by a member school system at the end of any fiscal year by written notice of termination given by the withdrawing school system to the Collaborative Board of Governors, at least six months before the end of such fiscal year. In that event the Commissioner of Education will be notified thirty days in advance of the effective date of the withdrawal of a member district. So long as the Collaborative exists, a committee terminating membership shall be entitled to none of the assets of the Collaborative; rather, all assets shall remain in the Collaborative.

XII. Dissolution of the Collaborative:
1. The Collaborative shall be in existence so long as it has a minimum of three founding member school systems. The Collaborative shall be deemed to be dissolved when founding school system membership becomes fewer than three. At the time of such dissolution, all remaining school committees will be notified in writing five months prior to the close of the fiscal year that the Collaborative will cease to function by June 30 or such other date as the Collaborative Board may determine to be the effective target date.
2. Notwithstanding the above, a vote of dissolution may be taken by the school systems of the Collaborative. Such a vote becomes valid if all school systems of the Collaborative except two approve dissolution. If three or more founding school systems favor continuance, the vote to dissolve does not pass.

In the event of dissolution, the Department of Education will be notified through its regional office not less than thirty days prior to the effective date of termination. Upon such notification, the Department program representative and the Collaborative Director/Board of Governors will: 1) determine the appropriate disposition of federal funds, equipment and supplies; 2) determine a method of maintaining fiscal records upon termination of the collaborative; 3) determine a method of maintaining programmatic records upon termination of the collaborative; 4) determine the appropriate method of disposition of all assets, including unencumbered funds, proportionately according to the administrative allocation of each remaining founding school system in the year of dissolution, in relation to the total administrative allocation.

Region Voted to Approve:
Amherst Voted to Approve:
Pelham Voted to Approve:
Effective Date: 7/1987 
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