§ 20-A §3802 — Education service center authorized

An education service center shall provide administrative and education functions in accordance with this chapter and shall function as an extension of the member school administrative units and associate members of the education service center. A member school administrative unit of the education service center cannot transfer the responsibility for providing the opportunity of a free public education to each of its students or a free, appropriate education to each of its students with a disability as required by this Title or by federal law.
1.
Geographic boundaries.
The commissioner shall determine geographic areas for the establishment of each education service center. Membership in a particular education service center does not require the member to be physically located in the education service center's geographic boundary.
2.
Members.
Members in an education service center must be determined by interlocal agreement pursuant to Title 30‑A, chapter 115 and may include the following types of school administrative units:
3.
Associate members.
Associate members for an education service center may include the following through a contractual agreement or memorandum of understanding with the members of the education service center:
4.
Provision of services to or from other public entities or nonprofit entities.
An education service center may provide services to or purchase services from other types of political subdivisions, public entities or nonprofit organizations or associations.
5.
Purchase of services from another education service center.
A member of an education service center may purchase services from another education service center if not provided by the member's education service center.
6.
Validation.
An education service center authorized and organized under this chapter is validated, confirmed, approved and declared legal in all respects, notwithstanding any defect or irregularity that may have occurred in the organization of the education service center or in the selection of the board of that education service center.
7.
Political subdivision.
An education service center is a political subdivision within the meaning of Title 5, section 19002, subsection 6 and a quasi-municipal corporation within the meaning of Title 30‑A, section 5701, and all the provisions of those sections apply to it. Notwithstanding Title 30‑A, section 2203, subsection 8, paragraph B, the members of an education service center may delegate eminent domain power to the education service center by agreement. An education service center is considered a tax-exempt governmental entity for the purposes of Title 36, section 1760, subsection 2.
8.
Executive director; leadership services.
An education service center shall employ an executive director or contract for leadership services, and the interlocal agreement under section 3801, subsection 3 must specify that the executive director or the provider of leadership services shall administer, in compliance with this chapter, the provisions of the interlocal agreement in the education service center.
9.
Personnel.
The executive director or the provider of leadership services of an education service center may employ a chief financial officer and may employ additional staff necessary or hire a fiscal agent to administer the functions assigned to the education service center through the provisions of the interlocal agreement under section 3801, subsection 3.
10.
Balanced budget.
An education service center must have a balanced budget and return excess funds to the members as prescribed by the interlocal agreement under section 3801, subsection 3.
11.
Authority to borrow, expend and accept funds.
An education service center may:
12.
Bonding authority; debt limitation; allocation and payment of approved debt.
An education service center may issue bonds and notes for school construction purposes. For purposes of this section, "school construction purposes" includes minor capital costs relating to maintenance of a school's physical plant. The education service center board shall decide whether the issuance of bonds or notes by the education service center for school construction purposes is necessary. The board shall determine whether the issuance of bonds or notes is authorized, and, if so, the board shall issue the bonds or notes and administer the proceeds of, and the payment of principal of and interest on, those bonds or notes after issuance. An education service center may issue bonds and notes for school construction purposes only under the provisions of the interlocal agreement under section 3801, subsection 3. Upon receiving authorization to issue bonds or notes under the election procedures of the interlocal agreement, the board shall follow the requirements of section 1490 for issuing bonds or notes of the education service center.
12-A.
General obligation debt; assessment and collection; withdrawal.
In the case of an education service center authorized to issue bonds or notes under the terms of an interlocal agreement, the following provisions apply.
13.
Withdrawal from education service center.
If a single school administrative unit applies to withdraw, it must demonstrate to the commissioner that the school administrative unit's withdrawing is in the best interests of the withdrawing school administrative unit and of any of the remaining member school administrative units of the education service center.
14.
Dissolution of education service center.
An education service center may not be dissolved unless it applies to the commissioner for approval and:
15.
Reporting requirements.
An education service center must meet state and federal reporting requirements on behalf of each member school administrative unit.

Legislative History

PL 2017, c. 284, Pt. VVVVV, §6 (NEW). PL 2019, c. 219, §3 (AMD). PL 2019, c. 219, §12 (REV). PL 2019, c. 336, §§1, 2 (AMD). PL 2023, c. 607, §8 (AMD).