AGO 98008.

CourtNebraska
Nebraska Attorney General Opinions 1998. AGO 98008. DATE: February 3, 1998SUBJECT: Educational Service Unit Mergers; Effective Date of Merger AuthorityREQUESTED BY: Douglas D. Christensen, Commissioner of EducationWRITTEN BY: Don Stenberg, Attorney General Lauren L. Hill, Assistant Attorney General You have requested an opinion from this office regarding the extent of the State Board of Education's authority to approve a pending merger application of two educational service units. Specifically, you have asked us to determine whether Neb. Rev. Stat. § 79-1202, § 79-1203, and § 79-1209 permit the State Board of Education to approve the merger petition with an effective date prior to July 1, 1998. The merger petition now before the State Board of Education was submitted by Educational Service Unit ["ESU"] #12 and ESU #13 pursuant to Neb. Rev. Stat. § 79-1207 (Supp. 1997), which permits ESU boundaries to be changed by petitioning the State Board of Education. The two ESUs seek to merge into a new ESU. See Neb. Rev. Stat. § 79-1209(4) (Supp. 1997). In order to facilitate planning and staffing decisions, the ESUs seek to have the merger become effective as of March 1, 1998. Pertinent Statutes Statutes governing your inquiry are set forth in Nebraska's "Educational Service Units Act," Neb. Rev. Stat. § 79- 1201 to § 79-1239 (1996 & Supp. 1997). During the 1997 legislative session, several of the statutes in the Act were amended to read as follows: Nineteen educational service units are established. The official name of such units shall be Educational Service Unit No. ... of the State of Nebraska, and the individual number of each unit shall be determined by the State Board of Education as provided in this section and section 79-1203. For [ESUs] existing on July 1, 1998, the number of the unit shall remain the same. For [ESUs] created by merger after July 1, 1998, the number of the unit shall be the number of one of the [ESUs] dissolving into the new [ESU]. For all other [ESUs] created after July 1, 1998, the number shall be any number not otherwise assigned to an existing [ESU]. Neb. Rev. Stat. § 79-1202 (Supp. 1997) (emphasis supplied). The statute specifically enumerating, and setting boundaries for, the existing 19 educational service units, was also amended and now provides that [u]ntil July 1, 1998, the number of the educational service units established pursuant to...

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