Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 7 - SCHOOL DISTRICTS; BOARDS OF TRUSTEES OF SCHOOL DISTRICTS (§§ 37-7-1 — 37-7-1001) › Article 7 - BOARDS OF TRUSTEES; GENERAL POWERS AND DUTIES (§§ 37-7-301 — 37-7-346) › Section 37-7-345 - Authorization to establish regional educational service agency; agency to be organized as nonprofit tax exempt corporation; operation and management by public advisory board; board of directors; Executive Director; powers and responsibilities of educational service agency

(1)
A regional educational service agency (ESA) may be established in a region of the state when twelve (12) or more school districts determine there are benefits and services that can be derived from the collective and collaborative formation of an agency for the purpose of pooling and leveraging resources for the common benefit of students, teachers, administrators and taxpayers. An educational service agency shall be incorporated in the State of Mississippi and organized under the laws of the State of Mississippi as a nonprofit corporation. The educational service agency shall obtain 501(c)(3) status with the Internal Revenue Service.
(2)
The operation and management of the educational service agency shall be the responsibility of a public advisory board composed of the superintendents of schools or their designees from each participating school district.
(3)
A board of directors shall be elected on an annual basis from the advisory board to oversee the day-to-day operations of the agency.
(4)
The executive board shall hire an executive director to serve as the executive agent of the board of the regional educational service agency.
(5)
The board of directors of a regional educational service agency shall have the authority to establish policies for the regional educational service to determine the programs and services to be provided, to employ staff, to prepare and expend the budget, to provide for financing programs and projects of the regional educational service agency, and to annually evaluate the performance of the agency. The board may purchase, hold, encumber and dispose of real property, in the name of the agency, for use as its office or for any educational service provided by the agency.
(6)
The educational service agency is authorized and empowered to: develop, manage and provide support services and/or programs as determined by the needs of the local school district. Educational service agencies (ESAs) shall:
(a)
Act primarily as service agencies in providing services and/or programs as identified and requested by member school districts (services may include, but are not limited to, professional development, instructional materials, educational technology, curriculum development and alternative educational programs);
(b)
Provide for economy, efficiency and cost effectiveness in the cooperative delivery and purchase or lease of educational services, materials and products (services may include, but are not limited to, purchasing cooperatives, insurance cooperatives, business manager services, auditing and accounting services, school safety/risk prevention, and data processing and student records);
(c)
Provide administrative services (services may include, but are not limited to, communications/public information, employee background checks, grants management, printing/publications and internships);
(d)
Provide educational services through leadership, research and development in elementary and secondary education;
(e)
Act in a cooperative and supportive role, including contracting, with the Mississippi Department of Education, Mississippi Institutions of Higher Learning, Mississippi Community Colleges and other state educational organizations in the development and implementation of long-range plans, strategies and goals for the enhancement of educational opportunities in elementary and secondary education; and
(f)
Serve, when appropriate and as funds become available, as a repository, clearinghouse and administrator of federal, state, local and private funds on behalf of school districts which choose to participate in special programs, projects or grants in order to enhance the quality of education in Mississippi schools.
(7)
The State Board of Education shall have the authority to contract with and provide funds to regional educational service agencies for any education-related service.
Laws, 2004, ch. 408, § 1; Laws, 2009, ch. 344, § 1, eff. 7/1/2009.