I. Authority: This agreement by and among the subscribed schoolcommittees, referred to hereinafter as member committees, is madepursuant with authority contained in Chapter 40, Section 4E of theMassachusetts General Laws as amended by Chapter 797 of the Acts of1974.
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 maximizeeducational quality in the member school districts. It is based on thepremise that there are many things in education that can be done moreeffectively and efficiently by the pooling of resources among a numberof school districts. It is anticipated that each district will be ableto broaden substantially the number and quality of programs and servicesavailable to children regardless of district size. The Collaborativewill address itself to education broadly, supporting those programs andprojects which in the discretion of the Board of Governors meritattention. Major initial thrusts of the Collaborative will be in thearea of occupational and career education and in dealing with childrenwith special needs, in particular the implementation of Chapter 71B ofthe General Laws (State. 1972, Chapter 766).
IV. When Effective: This agreement will become effective when adoptedby the vote of three or more city or town school committees and/orregional district school committees and when approved by theCommissioner of Education in accordance with Chapter 40, Section 4E ofthe Massachusetts General Laws as amended by Chapter 797 of the Acts of1974.
V. Governance: Governance of the Collaborative is vested in a Board ofGovernors composed of one representative of each member district. TheBoard of Governors shall have the entire charge, control and managementof the Collaborative, its property and business, and may exercise all orany of its powers. A majority of the Board shall constitute a quorum.The Board of Governors shall elect an Executive Director who will bethe chief administrative officer of the Collaborative.
VI. Treasurer: The treasurer of the Hampshire EducationalCollaborative shall be the treasurer of the member city or town whichhas the largest population according to the latest federal census of thecities and towns forming each educational collaborative board withoutcompensation.
The Hampshire Educational Collaborative Board of Governors shallestablish and manage a trust fund to be known as Hampshire EducationalCollaborative Fund, and each such additional fund shall be designated byan appropriate name. All monies contributed by the membermunicipalities, and all grants or gifts from the federal government,state government, charitable foundations, private corporations, or anyother source, will be paid to Hampshire Educational Collaborative Boardof 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 Collaborativeshall be apportioned pro-rate among member school districts on the basisof student census as of October 1 of the preceding fiscal year. Thecost of programs sponsored by the Collaborative shall be assessed bymember school districts on the basis of the number of pupilsparticipating and the program cost per pupil.
IX. Termination of Agreement: This agreement may be terminated at theend of any fiscal year by written notice of termination given by anycommittee which has entered into such agreement to each other committeeat least six months before the end of such year.
X. Disposition of Assets: So long as the Collaborative exists, acommittee terminating membership shall be entitled to none of the assetsof the Collaborative; rather, all assets shall remain in theCollaborative. The Collaborative shall be in existence so long as ithas a minimum of three member committees. The Collaborative shall bedeemed to be dissolved when committee membership becomes fewer thanthree. At the time of such dissolution, all unencumbered funds and allequipment and supplies shall be divided at the discretion of the Boardof Governors among school committees who were members of theCollaborative during the previous fiscal year.
XI. Amendment of Agreement: This agreement may be amended at any timeby the affirmative vote of two-thirds of the member school committees.Such amendments, as so voted, shall be mailed to each member schoolcommittee no later than ninety days preceding the end of the fiscalyear, and shall become effective on the first day of the fiscal yearfollowing the notification. Notwithstanding the preceding amendmentprocedure, this Agreement may be amended at any time by the affirmativevote of all member school committees, such amendment to become effectiveimmediately upon such unanimous approval. No amendment to thisagreement will be valid until approved by the Commissioner of Educationin accordance with Chapter 40, Section 4E of the Massachusetts GeneralLaws 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 schoolcommittees, referred to hereinafter as member committees, is madepursuant with authority contained in Chapter 40, Section 4E of theMassachusetts 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 Collaborativeis to enhance the resources of the member school districts byidentifying and providing quality programs and services which can bedelivered 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 June30, 1987, are Amherst, Amherst-Pelham Regional, Belchertown,Easthampton, Granby, Hadley, Hampshire Regional, Hatfield, Northampton,Pelham, South Hadley, Union 66 and Ware. Membership shall be availableto school districts in the Massachusetts Counties of Franklin, Hampdenand Hampshire. Application for membership shall be in the form of aresolution of the school committee of the applying school districtadopting the “Agreement of Association forming the Hampshire EducationalCollaborative,” submitted to the Board of Governors. School systemsapplying for membership subsequent to June 30, 1987, shall be designatedas non-founding members. Such a school system shall submit aresolution specifying its agreement to pay to the Hampshire EducationalCollaborative such annual assessments and charges as may be determinedby the HEC Board of Governors at any regularly scheduled legallyconstituted meeting. If approved by the Board of Governors at anyregularly scheduled meeting, full membership privileges according to theterms of this agreement, shall accrue to all non-founding membersexcept participation in the distribution of assets, in the event of thedissolution of the collaborative, or in participation in any voterelated to the distribution of assets.”
Membership for any such new (non-founding) member shall begin at thestart of the fiscal year. There shall be a single membership for schooldistricts that are co-terminus (Superintendency Union and Regional HighSchool District, for example). The Commissioner of Education will benotified through the appropriate regional education center, thirty daysprior to the effective date, of the admission of a new member.
V. When Effective: This agreement will become effective when adoptedby the affirmative vote of two-thirds of the founding participatingschool systems, as described in Article IV, and according to proceduresprescribed in Article IV, and according to procedures prescribed inArticle XIII.
VI. Governance: Governance of the Collaborative is vested in a Boardof Governors composed of one representative appointed by each memberdistrict. The Department of Education shall appoint an individual toserve in an advisory capacity to the education collaborative board. TheDepartment of Education representative shall have no power to vote onany matter, which comes before the Board of Governors of theCollaborative. The Board of Governors shall elect an Executive Directorwho will be the chief administrative officer of the Collaborative.
Section 1. Selection. The Board of Governors shall consist of onerepresentative from each member school district. The term of office ofthe Governors shall be one year from the date of appointment. Governorsshall be appointed by each member school district, and a written noticeof this appointment shall be submitted to the office of theCollaborative 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 Governorsshall be sent to the appropriate school committee by the Governors. Itshall be the responsibility of the member school committee to fill thevacancy.
Section 3. Enlargement of Board. The membership on the Board ofGovernors shall be identical at all times with the number of memberschool districts.
Section 4. Tenure. Governors shall hold office until the next annualmeeting of membership and thereafter until their successors are chosenand qualified. Any Governor may resign by delivering his writtenresignation to the Collaborative at its principal office.
Section 5. Removal. A governor may be removed from office for causeby recommendation voted by a two-thirds vote of the Board of Governors,and ratification of the recommendation by a vote of recall of theappointing school district.
VII. Voting. Voting shall be based on a total for the Board ofGovernors of one hundred (100) votes, which shall be known as the totalvoting strength. Each member school district, through its Governor,shall be entitled to a share of the total voting strength equal to itsproportion of the total administrative assessment contributed by themember districts in a given fiscal year.
A majority of the voting strength present and voting at an officialBoard meeting shall determine any question, except change in theprovisions of this agreement, which will require a two-thirds vote ofthe voting strength present, as provided in Section XIII of thisAgreement.
Notwithstanding the above, any vote pertaining to the distribution ofassets will be the sole prerogative of “founding members.” Nonon-founding member will participate in such a vote, and any question onthe distribution of assets will be determined by a two-thirds vote ofthe “founding members.”
VIII. Article III. Officers.
Section 1. Enumeration. The officers of the Collaborative shall be aChairperson, Vice-Chairperson, Secretary, and/or Treasurer.
Section 2. Qualifications. The Chairperson and Vice-Chairperson shallbe members of the Board of Governors. The Secretary may not be amember of the Board of Governors.
Section 3. Election and Term of Office. All officers shall be electedannually by the Governors at their first meeting following the annualmeeting held in lieu thereof. Officers may succeed themselves.
Section 4. Tenure. Officers shall hold office until the first meetingof the Governors following the annual meeting of members, or thespecial meeting held in lieu thereof. Any officer may resign bydelivering his written resignation to the Collaborative at its principaloffice or to the Chairperson or Secretary, and such resignation shallbe effective upon receipt unless it is specified to be effective at someother time or upon the happening of some other event.
Section 5. Removal. The Governors may remove any officer with orwithout cause by a vote of a two-thirds majority of the entire number ofGovernors then in office, provided that an officer may be removed forcause only after reasonable notice and opportunity to be heard by theBoard of Governors prior to action thereon.
Section 6. Chairperson. The Chairperson when present shall preside atall meetings of the members and of the Governors. It shall be his/herduty and he/she shall have the power to see that all orders andresolutions 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 theCollaborative for such year and a statement of its affairs and shallfrom time to time report to the Governors all matters within his/herknowledge which the interests of the Collaborative may require to bebrought to its notice. He/she shall certify payment of debts of theCollaborative. The Chairperson shall perform such duties and have suchpowers additional to the foregoing, as the Governors shall designate.
Section 7. Vice-Chairperson. In the absence or disability of theChairperson, his/her powers and duties shall be performed by theVice-Chairperson. The Vice-Chairperson shall have other powers andperform such other duties, as the Governors shall from time to timedesignate.
Section 8. Treasurer. The Treasurer shall be elected by the Board ofGovernors and shall serve for one year at the pleasure of the Board.The Treasurer shall be compensated by the Board at a rate approved bythe Board and shall be bonded in the amount recommended by theCommissioner of Corporations and Taxation. No member of theCollaborative Board shall be eligible to serve as Treasurer of theCollaborative.
The Treasurer shall keep full and accurate accounts of receipts anddisbursements in books belonging to the Collaborative and shall depositall monies and other valuable effects in the name and to the credit ofthe Collaborative in such depositaries as shall be designated by thisAgreement of Association. He or she shall disburse the funds of theCollaborative as shall be ordered by the Chairperson or Vice-Chairpersonin accordance with the requirements of the General Laws of theCommonwealth, taking proper vouchers for such disbursements. TheTreasurer shall promptly render to the Chairperson and to the Governorssuch statements of his/her accounts as the Chairperson and Governorsrespectively may from time to time require. The Treasurer shall performsuch duties and have such powers additional to the foregoing as theGovernors may designate.
The Treasurer shall be authorized, subject to the direction of the HECBoard of Governors, to receive and disburse all monies of the trust fundwithout further appropriation.
IX. Finance, Fiscal 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 Collaborativeshall be held in September at the first scheduled regular meeting of theschool year, on date and hour fixed by the Board of Governors andstated in a notice of the meeting issued according to this agreement.Immediately after each annual meeting of members, or the special meetingheld in lieu thereof, there shall be a meeting of the Governors. If aquorum of the Governors is not present at such meeting, or if present donot proceed immediately thereafter to hold a meeting of the Governors,the annual meeting of the Governors shall be called hereinafter providedwith respect to the call of special meetings of the Governors.
Section 2. Regular Meetings. Regular meetings of the Governors may beheld at such times and places as shall from time to time be fixed byresolution of the Board and no notice need be given of regular meetingsheld at times and places so fixed, PROVIDED, HOWEVER, that anyresolution relating to the holding of regular meetings shall remain inforce only until the next annual meeting of members, or the specialmeeting held in lieu thereof, and that if at any meeting of Governors atwhich a resolution is adopted fixing the times or place or places anyGovernor is absent, no meeting shall be held pursuant to such resolutionuntil either each such absent Governor has in writing or by telegramapproved the resolution or seven days have elapsed after a copy of theresolution certified by the Clerk has been mailed, postage prepaid,addressed to each such absent Governor at his last known home orbusiness address.
Section 3. Special Meetings. Special meetings of the Governors may becalled by the Chairman or by the Vice-Chairman or by any two Governorsand shall be held at the place designated in the call thereof.
Section 4. Notices: Notice of all special meetings of the membershipshall be given as follows: A written notice stating the place, day andhour thereof shall be given by the Board of Governors or their designee,at least four days before the meeting to each member entitled to votethereat, by mailing, postage prepaid, to the member’s address as itappears on the books of the Collaborative. Notice shall state thepurpose for which the meeting is called. No call of a special meetingof the membership shall be required if such notice of the meeting shallhave been waived in writing by every member entitled to vote thereof.
XI. Withdrawal from the Collaborative: This agreement may beterminated by a member school system at the end of any fiscal year bywritten notice of termination given by the withdrawing school system tothe Collaborative Board of Governors, at least six months before the endof such fiscal year. In that event the Commissioner of Education willbe notified thirty days in advance of the effective date of thewithdrawal of a member district. So long as the Collaborative exists, acommittee terminating membership shall be entitled to none of theassets of the Collaborative; rather, all assets shall remain in theCollaborative.
XII. Dissolution of the Collaborative:
1. The Collaborative shall bein existence so long as it has a minimum of three founding memberschool systems. The Collaborative shall be deemed to be dissolved whenfounding school system membership becomes fewer than three. At the timeof such dissolution, all remaining school committees will be notifiedin writing five months prior to the close of the fiscal year that theCollaborative will cease to function by June 30 or such other date asthe Collaborative Board may determine to be the effective target date.
2.Notwithstanding the above, a vote of dissolution may be taken by theschool systems of the Collaborative. Such a vote becomes valid if allschool systems of the Collaborative except two approve dissolution. Ifthree or more founding school systems favor continuance, the vote todissolve does not pass.
In the event of dissolution, the Department of Education will benotified through its regional office not less than thirty days prior tothe effective date of termination. Upon such notification, theDepartment program representative and the Collaborative Director/Boardof Governors will: 1) determine the appropriate disposition of federalfunds, equipment and supplies; 2) determine a method of maintainingfiscal records upon termination of the collaborative; 3) determine amethod of maintaining programmatic records upon termination of thecollaborative; 4) determine the appropriate method of disposition of allassets, including unencumbered funds, proportionately according to theadministrative allocation of each remaining founding school system inthe year of dissolution, in relation to the total administrativeallocation.
Region Voted to Approve:
Amherst Voted to Approve:
Pelham Voted to Approve:
Effective Date: 7/1987