8/18/2019 Mid-Central Educational Coopertive - Termination Resolution

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MID-CENTRAL EDUCATIONAL COOPERATIVE

RESOLUTION

At the regular monthly meeting of the Mid-Central Educational Cooperative Board of Directors,

held on Thursday, April 14, 2016, the following resolution was proposed and approved:

IT IS HEREBY RESOLVED:

WHEREAS, on July 15, 2010, Member Districts of Mid-Central Educational Cooperativeentered into an Agreement; and

WHEREAS, the Agreement provides for the termination procedure of Mid-CentralEducational Cooperative; and

WHEREAS, the Agreement provides in relevant part:

TERMINATION OF MID-CENTRAL EDUCATIONAL COOPERATIVE

In the event the governing Board, by resolution passed by majority vote, resolves to

terminate the Mid-Central Educational Cooperative, such resolution shall be presented to

the Member District School Boards no later than December 1st. The resolution calling for

termination must include a specific statement proposing termination, the reason or

reasons for the proposal, and a projected plan for meeting the continuing contract

requirements of the Mid-Central Educational Cooperative staff as specified in SDCL 12-

43, as well as any additional continuing financial requirements.

Prior to December 31st, each Member District Board of Education shall vote to adopt or

reject the resolution to terminate. If a majority of the Member District Boards ofEducation votes to adopt the resolution of termination, approval for termination will be

requested from the Office of the Secretary, Department of Education, whose

determination shall be final unless appealed to the courts. The effective date of

termination shall be on June 30th

.

In the event of termination of the Mid-Central Educational Cooperative, all property

owned by the Mid-Central Educational Cooperative shall be disposed of as provided bySDCL 6-13, within ninety (90) calendar days of receipt of approval to terminate from the

Office of the Secretary, Department of Education.

All funds on hand and proceeds received from said disposal of property shall first beapplied toward existing financial obligations, including long-term (capital improvement)

indebtedness. After the necessary funds have been applied toward existing financial

obligations and such there be any remaining funds, said funds shall be returned to theMember Districts at the time of termination, computed pro-rata, and based upon the

number of children listed in the current Annual Accreditation Report, plus any childrenserved in private schools in each Member District.

8/18/2019 Mid-Central Educational Coopertive - Termination Resolution

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WHEREAS, on April 14, 2016, the Mid-Central Educational Cooperative’s Governing

Board, by resolution passed by unanimous vote, resolved to terminate Mid-Central Educational

Cooperative; and

WHEREAS, this resolution will be presented to the Member District School Boards no

later than December 1, 2016; and

WHEREAS, this resolution constitutes a specific statement proposing termination of

Mid-Central Educational Cooperative; and

WHEREAS, the reason for the termination is for the educational and financial well-being

of the Member Districts of Mid-Central Educational Cooperative; and

WHEREAS, Mid-Central Educational Cooperative plans to meet the continuing contractrequirements for Mid-Central Educational Cooperative’s staff through June 30, 2017; and  

WHEREAS, Mid-Central Educational Cooperative plans to meet any additional financialrequirements as provided by the Agreement and South Dakota law; and

WHEREAS, if a majority of the Member District Boards of Education vote to adopt this

resolution of termination, approval for termination will then be requested from the Office of theSecretary, South Dakota Department of Education, whose determination shall be final unless

appealed to the courts; and

WHEREAS, if this resolution of termination is approved by a majority of Member

District Boards of Education and the Office of the Secretary, South Dakota Department of

Education, the effective date of termination for Mid-Central Educational Cooperative to provide

educational services shall be June 30, 2017; and

WHEREAS, if Mid-Central Eduational Cooperative is involved in pending legal

 proceedings or other matters that require Mid-Central Educational Cooperative to remain anorganized entity after June 30, 2017, Mid-Central Educational Cooperative shall remain an

organized entity until final resolution of these legal proceedings or other matters.

By: ________________________________ By: ________________________________

Pamela Haukaas Nicole Bamberg

MCEC Board Chairperson MCEC Vice Chairperson

By: ________________________________

Merna ByeMCEC Interim Business Manager