AGO 1989-043.

Case DateApril 10, 1989
CourtKansas
Kansas Attorney General Opinions 1989. AGO 1989-043. April 10, 1989ATTORNEY GENERAL OPINION NO. 89-43The Honorable Don Crumbaker State Representative 121st District Chairman House Education Committee State Capitol Room 182-W Topeka, Kansas 66612 Re: Schools--Organization, Powers and Finances of Boards of Education--Interlocal Cooperation Agreements Synopsis: K.S.A.1988 Supp. 72-8230- authorizes interlocal cooperation agreements between two or more school districts but does not appear to contemplate non-school districts being parties to such agreements. However, individual school districts may independently cooperate with non-school district entities through agreements entered into pursuant to alternative authority. Cited herein: K.S.A.1988 Supp. 12-2904; K.S.A. 72-8201; K.S.A.1988 Supp. 72-8230. * * * Dear Representative Crumbaker: You request our opinion on K.S.A.1988 Supp. 72-8230 and specifically ask that we address whether an entity other than a school district may be party to a "school district interlocal cooperation agreement" as defined in (e)(1) of K.S.A.1988 Supp. 72-8230. The statute in question authorizes the boards of education of two or more school districts to enter into agreements pursuant to the provisions and conditions contained therein:
"(1) In the event the boards of education of any two or more school districts enter into agreements pursuant to the provisions of the interlocal cooperation act for the purpose of jointly and cooperatively performing any of the services, duties, functions, activities, obligations or responsibilities which are authorized or required by law to be performed by school districts of this state. . . ." (Emphasis added).
A school district interlocal cooperation agreement is defined as:
"an agreement which is entered into by the boards of education of two or more school districts pursuant to provisions of this section." (Emphasis added).
Subsection (a)(1) mandates the establishment of a board of directors to administrate the separate legal entity created by the school district interlocal cooperation agreement. The board must contain representatives from each school district that is a party to the agreement:
"(1) A school district interlocal cooperation agreement shall establish a board of directors which shall be responsible for administering the joint cooperative
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