ARTICLE 8 - INTERNAL BOARD POLICIES - SERIES 8000 & 9000
8232 Use of Public Resources by Board Members and Employees
8261 Conflict of Interest-Employment of Family Member of Board Member or Supervisor and Employment of Board Member
8343 Board Agenda Policy
8346 Open Meetings - Public Participation at Board Meetings
9000(a),(b)
Purpose and Role of the Board
9100
Organization
9131
Internal Board Policies - Committee of the Whole
9132
Standing Committees/Temporary Committees
9132 Committee on Americanism
9220 School Board Member Method of Election
9220(a),(b) ,9110(a),(b)
Elections
9223
Oath of Office
9240 Internal Board Policies - Orientation
9240(a),(b)
Orientation of Board Members/Development in Service
9270
Conflict of Interest/Nepotism
9300
Methods of Operations
9311
Formulation, Adoptions, Amendment of Policies
Drug and Alcohol Policy
9312 Internal Board Policies/Formulation of Bylaws
9312
Formulation, Adoption, Amendment of Bylaws
9313 Internal Board Policies/Formulation of Administrative Regulations
9313
Formulation, Adoption, Amendment of Administrative Regulations (Rules)
9320
Meetings
9322 Meetings (Regular, Special, Adjourned, Executive, Study Sessions)
9322
Closed Sessions
9323
Agenda Construction
9323 Agenda Construction
9325.2
School Board Meetings - Order of Business
9325.3(a),(b)
Parliamentary Procedure/Voting
9330
Board/School System Records
9400
Monitoring Products and Processes
ARTICLE 9 - BYLAWS OF THE BOARD - SERIES 9000
9000 General Statement
9000(a),(b)
Role of the Board
9010(a),(b)
Methods of Operation: Authority Limits
9020
Methods of Operation: Authority Limits
9030
Commitment to Democratic Principles in Relation to Community, Staff, Students
9040
Board-Related Responsibilities
9050(a),(b)
Board Responsibilities Delegated to the Superintendent
9100
Organization
9110 School District Legal Status
9110(a),(b)
School District Legal Status (Number of Members, Terms of Office)
9120
Officers and Auxiliary Personnel
9121.1
President/Vice President
9122(a),(b)
Secretary, Duties of Board Secretary
9123(a),(b)
Treasurer, Duties of Treasurer
9124
Attorney(s)
9131
Internal Board Policies - Committee of the Whole
9132
Standing Committees/Temporary Committees
9132 Committee on Americanism
9133
Special Committees/Advisory Committees
9140
Board Representatives
9140(b) Committee on Americanism
9150
Board Consultants
9200
Individual Members
9210
Qualifications
9220 School Board Member Method of Election
9220(a),(b) ,9110(a),(b)
Elections
9221
Filling Vacancies
9222
Legal Provisions/Removal From Office
9223
Oath of Office
9230
Orientation
9240 Internal Board Policies - Orientation
9240(a),(b)
Orientation of Board Members/Development in Service
9250 Board Members Compensation and Expenses
9250(a),(b)
Attorney Services, Board Member Reimbursement
9260
Protection
9270
Conflict of Interest
9271
Code of Ethics
9280
Retirement
9300
Methods of Operation
9310
Development, Distribution and Maintenance of Manual of Policies, Regulations, Bylaws
9311
Formulation, Adoption, Amendment of Policies
9312 Internal Board Policies/Formulation of Bylaws
9312
Formulation, Adoption, Amendment of Bylaws
9313 Internal Board Policies/Formulation of Administrative Regulations
9313
Formulation, Adoption, Amendment of Administrative Regulations (Rules)
9314
Suspension of Policies, Bylaws, Regulations
9320 Meetings (Regular, Special, Adjourned, Executive, Study Sessions)
9320(a),(b), 9322
Meetings (Regular, Special, Closed, Emergency)
9321 Notification of Members
9321(a),(b)
Types, Time, Place, Notification for Meetings
9322 Meetings (Regular, Special, Adjourned, Executive, Study Sessions)
9322
Closed Sessions
9323
Agenda Construction
9323 Agenda Construction
9324
Advance Delivery of Meeting Materials
9325
Meeting Conduct
9325.1
Quorum
9325.2
Order of Business
9325.3(a),(b)
Parliamentary Procedure/Voting
9325.31
Parliamentarian
9325.32
Suspension of Rules of Order
9325.33(a),(b),(c)
Procedures for Addressing the Board
9326 Board Minutes
9326
Board Minutes/Taping/Broadcasting
9330
Board/School System Records
9340
Membership in Associations
9341 Board Minutes
9350
Hearings
9360
Legislative Program
9360
Access to Records
9370
Control of Funds
9370b
Closed Sessions
9400
Monitoring Products and Processes
9410
Public Announcements and Accomplishments
9420
Recognition of Accomplishment
9500 School District Reorganization Plan - Legal Provisions
9600 School Census
9700 School Year
9710 School Calendar
9730 Average Daily Membership
9740(a),(b) Emergency Closing
9750 Summer Sessions

9000 

Internal Board Policies

Purpose and Role of the Board

The board of education, in acknowledge the value and need of developing a written policy, has
endeavored to keep in constant focus the following points of view:

Reaffirmation of Faith

Believing in America's democratic processes, we, the members of the board of education, having
been selected by the citizens of this community, hereby reaffirm our faith in the public school system
which has come down to use by choice and inheritance through successive generations.

Educational Opportunities

Seeking to serve the best interests of the citizens of our community, we declare publicly our aim to
provide the highest educational opportunities for all, to the end they may find challenge, inspiration
and success limited only by their own potential and ambition.

Best Teachers Available

In providing these opportunities, we shall continue our endeavor to attract, employ, and hold the best
teaching talent available.

Program of Quality

Respecting the administrators selected to supervise and direct the program of education, we shall
encourage them by every professional means to maintain an educational program of quality.

The Community

Recognizing our legal and moral obligations to the community, we shall strive most diligently to
manage the schools in a sound and economical manner; to shun extravagance; and, wherever
possible, to involve citizens in an advisory capacity.

The board of education, as the controlling body of the public schools, is charged with the
responsibility of establishing


9000
Bylaws of the Board

General Statement

Bylaws are rules or procedures adopted by the board to govern its internal operations.  The use of
such guidelines or bylaws helps the board to carry out, efficiently and effectively, the responsibility
and duties delegated to it by law and by the local electorate.   

Bylaws adopted by the board: April 1995

9000(a)

Bylaws of the Board

General Statement:  Role of the Board

The board of education of the school district of the City of Chadron, Dawes County #2, is a legally
elected representative body as provided in Nebraska Statutes, Chapter 79.

As a legally elected body, the board of education shall perform all governance of the school system
according to the guidelines set forth in the several Nebraska Statutes addressed to the operation of
a class III public school system in the State of Nebraska.

Bylaws are rules or procedures adopted by the board to govern its internal operations.  The use of
such guidelines or bylaws helps the board to comply with the responsibility and duties delegated to it
by law and by the local electorate, in an efficient and effective manner.

The purpose of the board of education shall be to provide education of the highest feasible character
for the residents of this district, taking into account the wishes of the people of the district and their
ability and willingness to support such a program of education.

The powers and duties of the board of education shall be those conferred and prescribed by law.
Complete and final control as regards all matters pertaining to the educational system of the school
district shall be vested in the board.

In the interpretation of the powers and duties of the board, it is understood that the board shall act as
a legislative body in the determination of general policies for the control, operation, maintenance and
expansion of the public schools.  The details of the administration of these policies shall be the
responsibility of the superintendent of schools and his administrative staff.

Functions and Duties of the Board

The board of education shall demonstrate leadership.  Board members shall:

1. know the kinds of schools this community needs.

2. analyze the traits necessary in the person who is to organize and operate the school.

3. secure the services of a superintendent who has these traits.

4. know that the person is professionally qualified


9000(b)
 
General Statement:   Role of the Board (continued)

The board of education shall provide the funds necessary to carry out the educational program set
up to meet the needs of the community.  This implies a knowledge of the financial assets of the
district and policies adopted by the board which will insure sufficient money and careful spending.

The board is the legislative rather than the executive head of the school and the duly elected
superintendent of schools shall be given reasonable freedom in carrying out the board policies and
should be held responsible for results.

Each member should have an understanding of the legal provisions for public education.

Bylaw adopted by the board:  April 1995


9010(a)
9020 

Bylaws of the Board

Methods of Operation:  Authority Limits

All actions of the board shall be taken only in official board meetings called, scheduled and
conducted according to these bylaws and the statutes of the state.

Individual members of the board should avoid making decisions as an individual or group outside
legal board meetings which will commit the board of district to a particular course of action.
Requests for board action presented outside regular board meetings should be accepted without
comment and presented at the regular meeting for official board action.

No Commitments on Issues Prior to Board Meetings

It shall be the policy of all board members to refrain from making any commitment for or against any
issue or problem that might be brought individually to board members while the board of education is
not in official session.  Only after an issue or problem has been presented to the entire board of
education and all sides to such issue or problem have been presented and the logic involved has
been considered by all members, will individual commitments be made by board members.

Board Members Refrain from Instruction or Directing Employees

It shall be the policy of all board members to inform employees to consult with their immediate
superior for instructions.  No board member will give instructions or indicate what he or she thinks
the superintendent's instructions should be on any specific issue or problem.  Employees who
approach board members with grievances will be instructed to consult with their immediate superior,
and, if necessary, arrangements, will be made for employees concerned to meet with the entire
board for a complete hearing of issues involved on any problems.  Further clarification is found in the
negotiation agreement.

Execution of Policies

Instructions to employees of the district as to how the policies, as outlined herein, are to be executed
will be supplied by the superintendent of schools.  Instructions from the board of education as to
specific execution of policies will be given to the superintendent or designated staff member in the
absence of the superintendent by official action of a majority of the members of the board.


9010(b)
9020

Methods of Operation:  Authority Limits (continued)

An exception to this policy is in order whenever the board in an official meeting has expressly
appointed a particular board member, or committee of board members, with specific authority to act
on behalf of the board.  The primary responsibility of the board of education is a legislative one
under which it provides a framework for the operation and maintenance of the school system and
delegates the administrative authority to carry out these policies to the superintendent and staff.

Bylaw adopted by the board: April 1995


9050(a)

Bylaws of the Board

Board Responsibilities Delegated to the Superintendent

The board shall delegate to the superintendent of schools the following duties and responsibilities:

1. Attend all meetings of the board and all committee meetings.

2. Nominate all supervisors, principals, teachers and other employees, presenting
 evidence that the person recommended is qualified for the position.

3. Upon approval of the board, assign school employees to their several tasks.

4. Recommend for discharge or retirement any employee whose influence or service
warrants such action, subject to the approval of the board.

5. Recommend textbooks, instructional supplies, apparatus and equipment and have
general charge of their purchase, storage and distribution.

6. Prepare, with supervisors, principals and teachers, the content of the course of
study.

7. Recommend the boundaries of school attendance districts for approval of the board of
education.

8. Direct the supervision of the school program.

estimated needs for the ensuing school year and submit the same to the board for
consideration and action.

10. Direct purchases and expenditures within the limits of the detailed budget.

11. Have general charge of the operation and maintenance of the building and grounds and
equipment.

12. Report to the board from time to time concerning the achievement and progress of the
students enrolled in the school system.  Prepare an annual report setting forth the
condition of the school.

13. Keep an efficiency record of all principals, teachers and other employees.


9050(b)

Board Responsibilities Delegated to the Superintendent (continued)

14. Keep informed concerning the important educational movements and report same to  the
board.

15. Establish and maintain a close relationship with the community, its problems and
 programs, and interpret the school and its program in terms of the community needs.

The board of education shall work with the superintendent of schools in maintaining a long-range
plan of school improvements and maintenance.

Reports to Board

The superintendent shall report regularly the condition of the school, school finances and other
matters of interest to the board of education.

The board shall determine the extent and responsibility of public education which is to be assumed
by the community.  The superintendent shall be given the responsibility of carrying out the wishes of
the board.

Bylaw adopted by the board:  April 1995


9100

Bylaws of the Board

Organization

The corporate name of this school district is Laurel-Concord, District 54 in the county of Cedar, in the
State of Nebraska.  The board, at its regular organizational meeting in January of each year, shall be
organized by administering the oath of office to the newly elected members and shall have the
election of officers, as required by law.

The board of education will be organized in accordance with that part of the school law which deals
with class III schools.

The board of education shall reorganize each year at the regularly scheduled January meeting with
the naming of the following officers:  (1) president; (2) vice-president; (3) treasurer, and (4)
secretary.

According to the Statutes of the State of Nebraska, the president and vice-president shall be elected
members of the board of education.  The treasurer and secretary may be, or may not be, elected
members of the board.  Should the treasurer and/or secretary be non-elected members of the board,
they shall not have a vote.  This vote may be taken by secret ballot but the total number of votes cast
for each candidate shall be recorded in the minutes.

Committees as required by the Statutes and by board of education policies shall be appointed for
one year terms at the January meeting of the board.  The board president and the superintendent of
schools are ex-officio members of all standing committees.

The board of education shall elect a superintendent of schools who will act as the chief executive of
the school system.  The superintendent shall answer directly to the board of education in all matters
related to the operation of the school system.

Duly elected members of the board of education exercise their authority only when the board of
education is in session.  Only those actions taken by the board of education as a whole can direct
the superintendent or any of the employees of the school district in the performance of their duties.

Legal Reference: 79-801 through 79.810.01  Provisions Class III districts only

Bylaws adopted by the board:  April, 1995
Bylaws amended by the board:  January, 1998


9110

Bylaws of the Board

School District Legal Status

The constitution of the State of Nebraska empowers the legislature to provide free instruction in the
common schools of all persons between the ages of 5 and 21 years of age.  The term "common
schools" has been interpreted to be synonymous with the term "public school"; an Attorney General's
opinion of July 12, 1975, states:  "The term, 'Public Schools' as used therein is a synonym for the
words 'common schools' as used in the constitutional provision."  (The reference here is made to the
case of Baldwin v. Dorsey, 108 Neb. 134 (1922).)  Even though the legislature has made provision
for local district control of the common schools, the legislature retains authority to do anything it
wishes with any one or all of the public school districts within the state.  "The state is supreme in the
creation and control of school districts and may, if it things proper, modify or withdraw any of their
powers or destroy such school districts without the consent of legal voters or even over their
protests."  Lanquis v. Deboer, 181 Neb. 36 (1966).  This control by the legislature is applicable to
schools and does not apply to the State Department of Education.  The latter is in itself a
constitutional agency.  Neb. Const. Article VII, Sections 1, 2.

Keeping the governance of public institutions (which includes the public education system) closer to
the people, permits the structuring of such institutions more nearly in accordance with local needs
and desires, and it also enhances opportunities for innovation, experimentation, and governmental
competition.  See, e.g., Milliken v. Bradley, U.S. 41 L.Ed.2d. 1069, 1089-1090 (1974); San Antonio School District v. Rodriquez, 411 U.S. 1, 50 (1973).

The legislature has defined the term "school district" to mean that territory under the jurisdiction of a
single school board.  However, it was found necessary to elaborate on this definition when districts
need to issue bonds.  It was provided:  The phase and expression "school district" is hereby
declared to mean the school district as it existed immediately prior to and at the time of the issuance
of any bond by said school district, including all lands, property, and inhabitants contained in said
district subsequently separated from the district whether by the formation of a new district, or by any
change of boundaries of the original district.  79-101(1); 10-101, et. seq.


9110

School District Legal Status (cont.)

The legislature has provided for six classes of school districts; each has organizational requirements
unique to its classification.  The classifications are as follows:

1. Class I schools include any school district that maintains only elementary grades
 under the direction of a single school board.  The term "elementary grades" shall
 mean all grades up to and including the eighth grade.  79-101(4); 79-102(1).

 Statues which apply only to Class I districts appear at 79-601, et.  seq.

2. Class II schools shall include any school district embracing territory having a
 population of one thousand inhabitants or less that maintains both elementary and
 high school grades under the direction of a single school board.  79-102(2).

 Statutes which apply only to Class II districts appear at 79-701, et. seq.

3. Class III schools shall include any school district in the territory with a population  of
more than one thousand, but less than fifty thousand, under the direction of single  board of
education.  79-102(3).

 Statutes which apply only to Class III Districts appear at 79-801, et. seq.

Incorporated cities or villages in Nebraska may annex adjacent territory by city
ordinance and, when this is done, the population of such territory is included with  that
of the city or village.  The city or village together with the annexed territory  having a population
between 1,000 and 50,000 constitutes a school district of the  third class.

4. Class IV schools shall include any school district with territory having a population  of
50,000 but less than 200,000 inhabitants that maintains both elementary and  high school grades
under the direction of single board of education.  79-104(4).

 Statutes which apply only to Class IV districts appear at 79-901, et. seq.

5. Class V school shall include any school district or territory having a population of
 200,000 or more that maintains both elementary grades and high school grades
 under the direction of a single board of education.  79-102(5).

 Statutes which apply only to Class V districts appear at 79-1001, et. seq.


9110(a)

Bylaws of the Board

School District Legal Status

The constitution of the State of Nebraska empowers the legislature to provide free instruction in the
common schools of all persons between the ages of 5 and 21 years of age.  The term "common
schools" has been interpreted to be synonymous with the term "public school"; an Attorney General's
opinion of July 12, 1975, states:  "The term,"Public Schools' as used therein is a synonym for the
words "common Schools" as used in the constitutional provision."  (The reference here is made to
the case of Baldwin v. Dorsey, 108 Neb. 134 (1922).)  Even though the legislature has made
provision for local district control of the common schools, the legislature retains authority to do
anything it wishes  with any one or all of the public school districts within the state.  "The state is
supreme in the creation and control of school districts and may, if it thinks proper, modify or withdraw
any of their powers or destroy such school districts without the consent of legal voters or even over
their protests."  Lanquis v. Deboer, 181 Neb. 36 (1966).  This control by the legislature
is applicable to schools and does not apply to the State Department of Education.  The latter is in
itself a constitutional agency.  Neb. Const. Article VII, Sections 1,2.

Keeping the governance of public institutions (which includes the public education system) closer to
the people, permits the structuring of such institutions more nearly in accordance with local needs
and desires, and it also enhances opportunities for innovation, experimentation, and governmental
competition.  See, e.g., Milliken v. Bradley,   U.S., 41 L.Ed.2d. 1069, 1089-1090 (1974); San Antonio
School District v. Rodriquez, 411 U.S. 1, 50 (1973).

The legislature has defined the term "school district" to mean that territory under the jurisdiction of a
single school board.  However, it was found necessary to elaborate on this definition when districts
need to issue bonds.  It was provided:  The phase and expression "school district" is hereby
declared to mean the school district as it existed immediately prior to and at the time of the issuance
of any bond by said school district, including all lands, property, and inhabitants contained in said
district subsequently separated from the district whether by the formation of a new district, or by any
change of boundaries of the original district.  79-101 (1); 10-101, et.seq.


9110(b)

Bylaws of the Board

School District Legal Status (cont.)

The legislature has provided for six classes of school districts; each has organizational requirements
unique to its classification.  The classifications are as follows:

1. Class I schools include any school district that maintains only elementary grades
under the direction of a single school board.  The term "elementary grades" shall
mean all grades up to and including the eighth grade. 79-101(4); 79-102(1).

Statues which apply only to Class I districts appear at 79-601, et. seq.

2. Class II schools shall include any school district embracing territory having a
population of one thousand inhabitants or less that maintains both elementary and
high school grades under the direction of a single school board. 79-102(2).

Statues which apply only to Class II districts appear at 79-701, et.seq.

3. Class III schools shall include any school district in the territory with a population
of more than one thousand, but less than fifty thousand, under the direction of single
board of education. 79-102(3).

Statues which apply only to Class III districts appear at 79-801, et.seq.

4. Class IV schools shall include any school district with territory having a population  of
50,000 but less than 200,000 inhabitants that maintains both elementary and
high school grades under the direction of single board of education. 79-104(4).

Statues which apply only to Class IV districts appear at 79-901, et.seq.

5. Class V school shall include any school district or territory having a population of
200,000 or more that maintains both elementary grades and high school grades
under the direction of a single board of education. 79-102(5).

Statues which apply only to Class V districts appear at 79-1001, et.seq.

Bylaws adopted by the board:  April 1995


9121.1

Bylaws of the Board

President

The president of the board shall preside at all meetings of the board and shall have a vote on
motions placed before the board for action.  He shall sign on behalf of the board such documents as
may require his signature.  He shall represent the board in deliberations with other boards, districts,
or agencies, unless another member of the board is so designated.  He shall appoint all committees,
unless otherwise specified by the board, call special meetings, and perform all other duties as
prescribed by law.

Vice-President

The vice-president shall perform all duties of the president when he is acting in that capacity.
79-1004.02


9122(a) 

Bylaws of the Board

Secretary

The secretary shall keep in the board minutes an accurate record of all board business according to
law.  He shall sign all papers that require signature of the board, and act as the board's
representative in financial and legal matters.

Bylaws adopted by the board:  April, 1995


9122(b)

Secretary

Duties of the Board Secretary

It is the duty of the secretary of the board to:

 1)  record all proceedings of the district;

 2)  preserve copies of all reports made to the county superintendent; and

 3)  safely preserve and keep all books and papers belonging to the office.

79-457.

Bylaws adopted by the board:  April 1995


9123(a) 

Bylaws of the Board

Treasurer

A treasurer of the board shall be elected annually at the organization meeting.

His or her duties shall be to:

1. deposit all money for the general fund and sinking fund.
2. pay for warrants.
3. reconcile monthly bank statements; gie monthly report to board; and invest extra funds.

All treasurer's books, bills, warrants and funds will be audited annually after August 31 by a certified
public accountant.  The cost of this audit will be paid from the general fund.  Copies of the audit will
be given to each member of the board of education.

Duties of the Treasurer

The treasurer has the duty to apply for and receive from the county treasurer all school money
apportioned to or collected for the district and to pay out all money received by him/her.  Money may
be received and paid out only on order of the secretary countersigned by the president. 79-460.

The following are also duties of the treasurer:  Keep a book in which shall be entered all money
received and disbursed; show 1) the source from which the money has been received, 2) to what
fund it belongs, and 3) the persons and objects for which it has been paid out; and present a written
report to the district at the annual meeting.  The report must show all receipts, disbursements, and
vouchers, orders and papers, together with all money remaining in the district treasury.  79-461.

It is the duty of the treasurer to require that payments be made in money, or its equivalent,
evidenced by some medium that is immediately convertible into money.  If something else is
accepted, the treasurer and insurer are responsible for any resulting loss.  Thurston Co. v. Chmelka,
138 Neb. 696, 294 N.W. 857 (1940).

The treasurer within ten days after election execute to the county and file with the secretary a bond
of not less than five hundred dollars, nor more than double the amount which might come into his
hands at any one time.  The surety can either be personal or corporate of recognized responsibility
and must be approved by the president and secretary.  The secretary must file the bond with the
county treasurer after approval.  Failure to provide bond, results in loss of office and a new treasurer
is elected.  No treasurer may withdraw or disburse district money prior to filing bond.  79-459.


9123(b) 

Bylaws of the Board

The treasurer may invest the funds of the district by and with the consent of the school board in
certain securities.  School treasurers are forbidden to lend or use any part of school money in their
hands, except as provided in 79-1308.01.  Violation results in criminal penalties provided by the
embezzlement statute.  79-1308; 79-1308.01.

Bylaws adopted by the board: April 1995


9124

Bylaws of the Board

Attorney

The board may, at its discretion, appoint an attorney to perform desired legal services.  The attorney
shall serve at the board's pleasure and be compensated at a mutually agreeable rate.

Bylaw adopted by the board:


9131

Bylaws of the Board

Internal Board Policies

Committee of the Whole

There shall be no standing committees except the committee of the whole, but special temporary
committees shall be allowed to be appointed by the president or chosen by vote of the board for
fact-finding, deliberative, and advisory functions only, but never to have legislative or administrative
power.

Policy adopted:  January 1974
Reaffirmed:  April 1995


9132

Board Committees

Committee on Americanism

Sec. 79-213, Instruction; American Citizenship; Duties of Officers.

An informed, loyal, just and patriotic citizenry is necessary to a strong, stable, just and prosperous
America.  Such a citizenry necessitates that every member thereof be fully acquainted with the
nation's history, that he be in full accord with our form of government, and fully aware of the liberties,
opportunities, and advantages of which we are possessed and the sacrifices and struggles of those
through whose efforts these benefits were gained.  Since youth is the time most susceptible to the
acceptance of principles and doctrines that will influence men throughout their lives, it is one of the
first duties of our educational system to so conduct its activities, choose its textbooks, and arrange
its curriculum in such a way that the love of liberty, justice, democracy, and America will be instilled
in the heart and mind of the youth of this district.

1. Every school board shall at the beginning of each school year, appoint from its
members a committee of three, to be known as the committee on Americanism, whose
duties shall be:

 a. To carefully examine, inspect, and approve all textbooks used in the teaching
of American history and civil government in the school.  Such textbooks shall
adequately stress the services of the men who achieved our national
independence, established our constitutional government, and preserved our
union and shall be so written to include contributions by ethnic groups as to
develop a pride and respect for our institutions and not be a mere recital of
events and dates:

 b. Assure themselves as to the character of all teachers employed, and their
knowledge and acceptance of the American form of government; and

 c. Take all such steps as will assure the carrying out of the provisions of this
section.

2. Beginning with the school term in 1971, all American history courses approved for
grade levels as provided by this section, shall include and adequately stress
contributions of all ethnic groups (a) to the development and growth of America into  a
great nation, (b) to art, music, education, medicine, literature, science, politics,  and government,
and (c) the war services in all wars of this nation.


9132

Internal Board Policies

Standing Committees/Temporary Committees

The board shall always act as a whole, and there shall be no standing committees.

No individual member and no group comprised of less than the full membership shall be designated
as a permanent committee to perform any of the board's function except those for which state law
requires signatories.

It shall be the responsibility of the president to appoint special committees whenever necessary.
The president shall outline the duties and responsibilities of each committee at the time of
appointment and serve as an ex officio member of the committee.  Special committees shall be
considered dissolved upon submission of a final report.  Each year the President shall appoint a
Committee on Americanism.

A temporary committee may be used for study and fact finding.

Board members shall not hold membership on any citizens advisory committee formed by the board.
This shall not preclude board members acting as ex officio members.

Reference:
Recommended procedure in BOARDMANSHIP, Stanford University Press, 1955, pp. 19, 20

Policy adopted:    January 1974
Reaffirmed:  April 1995


9140(b)

Board Committees

Committee on Americanism (cont.)

3. All grades of all public, private, denominational, and parochial schools, below the
 sixth grade, shall devote at least one hour per week to exercises or teaching periods  for
the following purpose:

 a. The recital of stories having to do with American history, or the deeds and
  exploits of American heroes.

 b. The singing of patriotic songs and the insistence that every pupil shall
  memorize the "Star Spangled Banner" and "America" and

 c. The development of reverence for the flag and instruction as to proper
  conduct in its presentation.

4. In at least two of the three grades from the fifth grade to the eighth grade in all
 public, private, denominational, and parochial schools at least three periods per
 week shall be set aside to be devoted to the teaching of American history from
 approved textbooks, taught in such a way as to make the course interesting and
 attractive, and to develop a love of country.

5. In at least two grades of every high school at least three periods per week shall be
 devoted to the teaching of civics, during which courses specific attention shall be
 given to the following matters:

 a. The Constitution of the United States and the State of Nebraska.

 b. The benefits and advantages of our form of government and the dangers and
  fallacies of Nazism, Communism, and similar ideologies, and

 c. The duties of citizenship.

6. Appropriate patriotic exercises suitable to the occasion shall be held under the
 direction of the school superintendent in every public, private, denominational, and
 parochial school on Lincoln's birthday, Washington's birthday, Flag Day, Memorial
 Day, and Veterans Day, or on the day preceding or following such holiday, if the
 school is in session.

7. Every school board, the State Board of Education, each county supt. of schools and the
 superintendent of each individual school in the state shall be held directly
 responsible, in the order named, for the carrying out of the provisions of this
 section, and neglect thereof by any employee or appointed official shall be considered  a
dereliction of duty and cause for dismissal.    (Laws 1949)


9200

Bylaws of the Board

Individual Members

It is understood that the members of the board have authority only when acting as a board legally in
session.  The board shall not be bound in any way by any action or statement on the part of any
individual board member, except when such statement or action is in pursuance of specific, formal
instructions from the board.

Bylaw adopted by the board: April 1995


9220

Internal Board Policies

School Board Member Method of Election

Legal Provisions

All school board members shall be elected at the statewide primary election.  32-4, 143; 79-551.

All school board members shall be nominated and elected on a nonpartisan ballot.   32-4, 149.

All school board members are required to take the oath of office before entering upon their
respective duties:

Class III Districts

A Class III school district of which more than one-half of the area lies within a city of the metropolitan
class has a school board which shall consist of six members who are to be elected by the registered
voters of the school district at the time of the statewide primary election.  Two or more candidates for
each vacancy are to be nominated at a caucus held within the district not less than 70 days prior to
the holding of the election.  The statue provides the specifications of the caucus and nomination.
Two members shall be elected at the general election for a term of six years.  79-803.03.

At the time of the statewide primary in each even-numbered year, Class III districts that have a
six-member board may nominate enough members to provide its full complement of six members; in
Class III districts that have nine-member school boards, there may be nominated at this time enough
to provide the full complement of nine members.  School boards that want any change in the
procedures of electing school board members, from districts or wards to at-large or from at-large
districts or wards, must do so by the procedures in Section 5-108.  The number of members and the
terms for which they will be nominated will be determined by the county clerk or election commission.
The statute provides for the extension of some terms, and for terms to be staggered so that by the
general election of 1978, three members shall be elected to each six-member school board at each
general election for terms of four years.

Write-in votes, tie votes, and how names are placed on the ballots are covered by 79-803.08.

The term of office of all the members begins on the first Thursday after the first Tuesday in January
following each statewide general election.  Any vacancy other than expiration is filled by vote of the
remaining members of the school board.  79-803.10

8/21/78

Bylaws adopted by the board: April 1995


9220(a)

Bylaws of the Board

Number of Members:  Elections

The board shall consist of six members serving overlapping terms of four years, as required by law.
Elections will take place for one-half of the board members at the statewide general elections in each
even-numbered year.

The term of office of members of school boards for Class III districts shall begin on the first Thursday
after the first Tuesday in January succeeding their election.  At the regular meeting, the board shall
elect a president and vice-president, a secretary and a treasurer.  Officers are elected for terms of
one year and must receive a majority of the votes from the entire board.

Legal Reference: 79-803.07 Class III districts school elections; held in conjunction with statewide primary; how conducted


9220(b)
9110

Bylaws of the Board

Member Election

Members are elected at large from the school district to four-year terms on the board of education.
Three members shall be elected on even-numbered years according to the election Statutes of the
State of Nebraska.  Newly elected members to the board of education shall be seated in January of
the odd number years.

It is not the policy of the board to take an active part in school board elections.  The board as
members will, however, encourage qualified people of the community to permit their names to be
presented for board positions, when vacancies occur.

Bylaws adopted by the board:   April 1995


9221

Bylaws of the Board

Filling Vacancies

A vacancy on the board shall temporarily be filled by appointment of an eligible citizen by action of
the remaining members of the board.  The remainder of the unexpired term shall be filled by a
person nominated at the next primary election and elected at the following general election.

A vacancy on the board resulting from causes other than expiration of the term shall be filled by vote
of the remaining members for the balance of the term.

Policy for Selection to Fill Board Vacancy

To enhance fairness and objectivity in appointing a person to fill a board vacancy, the board of
education, at a public meeting and through the media, will invite for consideration the applications of
interested candidates or nominations by sitting board members of any legally qualified member of
the district who might have an interest in serving on the board.  All those named as possible
candidates will receive a letter from the board president with a confidential candidate information
sheet to be completed and returned by the candidate, if interested, to the board by a specified date.
Candidates will be encouraged to seek additional information from the board members regarding
time and responsibility requirements of board service.  Candidates will be evaluated on the basis of
how well they represent the entire community and their commitment to student welfare.  The board
may request personal interviews with candidates.  All candidate information sheets will be screened
by each board member, with final selection made by the majority vote of the board members at a
public meeting.

Legal Reference: 79-462 District offices; filling vacancies 79-463 District offices; vacancy; how filled 79-464 Board members; vacancy; appointment or election; term

Bylaws adopted by the board:  April 1995


9222

Bylaws of the Board

School Board Legal Provisions

School Board Member Removal From Office

Members of the school board may be removed from office for the following reasons:  habitual or
willful neglect of duty, gross partiality, oppression, extortion, corruption, willful maladministration of
office, conviction of a felony, or habitual drunkenness.  The procedure for removal is by recall,
initiated by filing with the county clerk or election commissioner of the county in which the majority of
school age children reside, a petition signed by at least 25% of the number of registered voters who
voted for the school board member receiving the highest number of votes at the preceding school
election.

Bylaws adopted by the board:  April 1995


9223

Bylaws

School Board Member Oath of Office

"I,                                                  , do solemnly swear that I will support the Constitution of the United States and the Constitution of State of Nebraska, against all enemies, foreign and domestic; that I
will bear true faith and allegiance to the same, that I take this obligation freely and without mental
reservation of the purpose of evasion; and that I will faithfully and impartially perform the duties of
the office of                                    , according to law, and to the best of my ability.  And I do further
swear that I do not advocate, nor am I a member of any political party or organization that advocates
the overthrow of their government of the united States or of this state by force or violence, and that
during such time as I am in this position I will not advocate nor become a member of any political
party or organization that advocates the overthrow of the government of the United States or of this
state by force or violence.  So help me God."

Bylaws adopted by the board:  April 1995


9240

Internal Board Policies

Orientation

The magnitude of school board membership calls from knowledge of and orientation to many
areas of information and understanding.

Under the guidance of experienced board members and the superintendent, orientation will be
provided to new board members through activities such as these:

1. Workshop for new board members conducted by state and area school board
 association.

2. Discussions and visits with the superintendent and other members of the school staff.

3. Provision of printed and audio-visual materials on school board and administrative
 policies and procedures.

Orientation shall be considered an ongoing process for all school board members, and may include
such activities as those indicated above and these that follow:

1. Attendance at school board and administrative conferences and conventions (local,
 area, state, and national).

2. Exchange of ideas through joint meetings with neighboring school boards.

Policy adopted: January 1974
Reaffirmed:      April 1995


9240(a)

Bylaws of the Board

Orientation of Board Members

The board of education and the administrative staff shall assist each new member-elect to
understand the board of education's functions, policies and procedures and operation of the school
system before the member takes office.  The following methods shall be employed:

1. The incoming member shall be given selected material on the function of the board of
 education and the school system.

2. The incoming member shall be invited to attend board meetings and to participate in
 its discussions.

3. The incoming member shall be invited to meet with the superintendent and other
 administrative personnel to discuss services he or she performs for the board.

4. The incoming member shall be provided with a copy of the board's policies and
 bylaws, administrative regulations and copies of pertinent materials developed by
 the state school board association.

5. The incoming member may attend, at district expense, workshops for newly elected
 members as approved by the board of education.


9240(b) 

Bylaws of the Board

Development in Service

Attendance at meetings directly or indirectly related to education or school matters shall be
encouraged for the values they have to the school system and the professional growth of board
members.

The superintendent shall notify board members of all relevant scheduled meetings.

Bylaw adopted by the board:  April 1995


9250

Board Members Compensation and Expenses

Compensation and expenses of school board members are not discussed generally in statute.
However, no member of a Class III school board, except the secretary, shall accept or receive any
compensation for services performed in discharging the duties of the office.  Certain Class III districts
may employ nonmembers as treasurers and in that event they are to pay the treasurers a salary not
exceeding twelve hundred dollars per annum.  If such a Class III district uses the city treasurer or the
deputy as ex officio treasurer, such Class III school board is to pay a salary to be fixed by the
schoolboard.  79-807; 79-809; 79-516.06.

The governing board of any school district may provide its members with hospitalization, medical,
surgical, accident, sickness, or term life insurance coverage or any one or more of such coverage.
79-442.01.

The school board has the power to indemnify its officers and members in certain legal proceedings.
79-4, 155.

Formulation of Policies

The board, representing the people of the district, is the governing body which determines all
questions of general policy to be employed in the conduct of the public schools.

Proposals regarding school district policy may originate in any of several sources: a parent, a
taxpayer, an employee, or an employee organization, a student or student organization, a member of
the board, the superintendent, a consultant, a civic group, etc.

In all cases, proposed new or amended policies shall explicitly state their potential contribution,
either direct or intermediary, in furthering the stated goals of the schools as adopted by the board.

The superintendent is authorized and directed to establish and maintain such administrative
machinery as will be needed to ensure (1) that full and adequate deliberation by all interested parties
or their representatives precedes all the superintendent's recommendations to the board for action,
and (2) that routes of appeal are available for aggrieved parties to seek redress.  The
superintendent's recommendations shall provide ample opportunity for both majority and minority
reports.

Action on all such policy proposals shall be taken finally by the board in accord with its bylaws.

Policy adopted:    January 1974
Reaffirmed:  April 1995


9250(a)

Bylaws of the Board

Board Attorney

All school boards are empowered to use district funds to pay for the services of an attorney
whenever the board deems necessary or advisable.  79-4, 150.

The attorney for the school district shall have the following responsibilities:

1. Duties and responsibilities to be rendered in consideration of the yearly
compensation set by the board:

 a. Attend the regular meetings of the board and other meetings when requested.
At these meetings he shall act as a counselor to the board.

 b. Render a written opinion on any legal question when requested by the board.

 c. Prepare or supervise the preparation of all legal papers and documents which
shall be executed by the officers of the board, or he shall approve the same
before execution thereof by said officers.  (He may charge the board for the
legal papers and documents which are involved in matters described in #2,
below, at the usual and customary charges for such services.)

 d. Provide to the superintendent or his delegated representative such opinions
or other legal information as may be necessary for the immediate or long
range conduct of the affairs of the school district.

2. Duties and responsibilities for which he may charge from time to time additional
sums of money on the basis of the usual and customary charges for such district.

 a. Represent the school district in all litigation to which the school district may
be a party or in which it is interested.

 b. Examine, upon the purchase of any real estate by the school district, the
abstract or preliminary report of title, as the case may be, and render a
written opinion concerning the same, and represent the board in the purchase   or
sale of any real estate.

3. The board may refer to him for attention and action all matters that it may deem
proper and advisable for him to supervise, dispose of, or adjust; and he shall
perform such other duties as the board may request him to perform.


9250(b)

Bylaws of the Board

Remuneration and Reimbursement

Members of the board shall be reimbursed for all necessary and legal expenses incurred in attending
any meetings or in making any trips on official business for the school district when so authorized by
the board.
 

Legal References: 79-807 Board of education; selection of officers; rules and regulations; compensation
79-401 District; body corporate; powers; name

Bylaws adopted by the board: April 1999


9270 

Bylaws of the Board

Conflict of Interest

No officer of the School District may be directly or indirectly interested in any contract in which the
district is a party (except for banking transactions) unless the board member complies with the
disclosure and abstention provisions of the law.

Those provisions are that the interested officer:

1. reveal the nature and extent of his or her interest to the school board prior to
 official consideration of the contract.

2. not participate in the consideration or discussion of the contract.

3. not attempt to influence employees or other officers in any way relating to the
 contract.

4. not vote on the matter of granting the contract.

5. remove himself or herself during consideration of and vote on the contract.

6. not act, directly or indirectly, for the school district as to the inspection, operation,
 administration or performance under the contract.  

Legal Reference: LB  370 Relating to conflict of interest (1982)

Bylaws adopted by the board:  April 1999


9280 

Bylaws of the Board

Retirement: Members of the Board

Retiring members of the board shall be appropriately recognized and thanked for their service to the
schools and community.

Continuing privileges as may be legally provided them are to be encouraged and may include, but
not be limited to, the following:

1. Regular issues of news bulletins of the school system

2. Annual reports

3. Selected special reports

4. Complimentary passes to athletic and other school activities

5. Personal invitations to special public functions of the board

Bylaw adopted by the board:   April 199


9300

Bylaws of the Board

Methods of Operation

All actions of the board shall be taken only in official board meetings called, scheduled, and
conducted according to these bylaws and the statutes of the state.

Bylaw adopted by the board:  April 1995


9311
9314

Bylaws of the Board

Formulation, Adoption, Amendment of Policies

Policies may be adopted after consideration at two meetings of the board.  The agenda and minutes
shall be marked to indicate policy matters.

The formal adoption of policies shall be recorded in the minutes of the board.  Only those written
statements so adopted and so recorded shall be regarded as official board policy.

The board policies shall be subject to amendment only by majority vote of all members of the board.
Amendments may be made only after consideration at two meetings of the board.

If at least a quorum votes to do so, a policy may be waived by the board at any meeting to permit a
specific action.  

Legal Reference:  79-443  Roberts Rules of Order, newly revised District boards; schools; supervision and control

The board of education shall develop and annually update a written set of policies for the orderly
operation of their schools.  Such document shall be on file in each school building of each school
district.   NDE Rule 14

Adopted: 8/1/75, revised 5/7/76
Bylaws adopted by the board: April 1999


9312

Internal Board Policies

Formulation of Bylaws

The board's bylaws are rules designed to organize and control its internal operations.  Some bylaws
are set by statute.  Others may be formulated and adopted at its option by the board itself, as long as
they are in harmony with the intent and specifics of the statutes.

In its deliberations leading to the establishment or amendment of its bylaws, the board's central
concern will be for increased efficiency and effectiveness in carrying out its legally mandated tasks.

The board will formulate and adopt a bylaw safeguarding the right of board members to be informed
of and to participate fully in the discussion of each proposed new or amended bylaw.  The board will
also provide in its bylaws for the adoption or amendment of its bylaws only after at least two
opportunities to read and discuss the proposal in successive regular meetings.

Policy adopted:  January 1974
Reaffirmed:  April 1995


9312

Bylaws of the Board

Adoption and Amendment of Bylaws

Proposed new bylaws and suggested amendments to or revisions of existing bylaws may be adopted
by majority vote of ALL members of the board during the second of two regularly scheduled meetings
of the board not less than four (4) weeks apart, in the calls for which meeting the proposed additions,
amendments, or revisions shall have been described in writing.

Prior to submission of the proposed new or amended bylaws to the board, the secretary or clerk of
the board shall provide for public notice of the scheduling of the first reading of the proposals at least
two weeks prior to that meeting.

Reference: Robert's Rules of Order, Newly Revised 1970, Chapter 18

Bylaws adopted by the board:  April 1995


9313

Bylaws of the Board

Formulation of Administrative Regulations

The board shall delegate to the superintendent the function of specifying required actions and
designing the detailed arrangements under which the schools will be operated.

Such rules and detailed arrangements shall constitute the administrative regulations governing the
schools.  They must be in every respect consistent with the policies adopted by the board.

In the absence of applicable policy, the superintendent is authorized to established needed
regulations subject to later confirmation in policy, should the board so wish.

The board itself shall formulate and adopt administrative regulations only when specific state laws
require board adoption in light of strong community attitudes, or probable staff reaction.

Legal Reference:

Bylaws adopted by the board:  April 1995


9313

Internal Board Policies

Formulation of Administrative Regulations

The board shall delegate to the superintendent the function of specifying required actions and
designing the detailed arrangements under which the schools will be operated.  Such rules and
detailed arrangements shall constitute the administrative regulations governing the schools.

The administrative regulations must be in every respect consistent with the policies adopted by the
board.  The board itself will formulate and adopt administrative regulations only when specific state
laws require board adoption, and may do so when the superintendent recommends board adoption
in light of strong community attitudes or probably staff reaction.

Policy adopted:  January 1974
Reaffirmed:  April 1995


9314 

Bylaws of the Board

Suspension of Policies, Bylaws and Regulations

Policies, bylaws, and board-adopted regulations shall be subject to suspension for a specified
purpose and limited time by a majority vote of all members of the board at a meeting in the call for
which the proposed suspension has been described in writing, or upon a two-thirds vote of all
members of the board when no such written notice has been given.

Reference:   Robert's Rules of Order, Newly Revised 1970, Chapter 18

Bylaws adopted by the board:  April 1995


9320
9322

Internal Board Policies

Types: Meetings

1. Regular Meetings

 Regularly scheduled meetings may be of two kinds:  business or educational.  The
 latter type may be held for the purpose of reviewing and evaluating the school
 program or developing and discussing policy.

2. Special Meetings

 A special meeting may be called by the president of the board, or by three members
 collective in the event that the president fails to act, upon due notice as specified in
 the bylaws.  Ordinarily, no business shall be transacted except that for which the
 meeting is called.

3. Adjourned Meetings

Such meetings shall serve as a continuation of a regular meeting, and not as a special  or
called meeting.

4. Executive Meetings

Executive meetings or sessions of the board shall be called at such time and place as  is
required for free discussion of personnel or other matters which are not   appropriate for
public announcement until fully developed.  Any tentative proposals  for action taken at such
closed sessions shall require confirmation at subsequent open  meetings.

5. Study Sessions

The board may meet for study sessions to exchange information and develop
understanding.  The public will be welcome to attend

Policy adopted:   January 1974
Reaffirmed:  April 1995


9320(a)
9322

Bylaws of the Board

Meetings

Regular Meetings

Regular meetings will be held according to a regular schedule as required by law and other such
times as the board determines.  All will have proper and legal public notice.

Special Meetings

A special meeting may be called by the president of the board, or by three members collectively in
the event that the president fails to act, upon due notice as specified in the bylaws.  Ordinarily, no
business shall be transacted except that for which the meeting is called.

Adjourned Meetings

Such meetings shall serve as a continuation of a regular meeting, and not as a special or called
meeting.

Closed Meetings

The board may hold closed sessions only according to law and by affirmative vote of a majority of the
board if a closed session is clearly necessary for the protection of public interest or for the
prevention of needless injury to the reputation of an individual.  Closed sessions will be held for but
shall not be limited to such reasons as specified in 9322 of these bylaws.

The vote to hold a closed session shall be taken in open session.

Emergency Meetings

The board may call meetings to discuss matters which are of an emergency nature and that
precludes being dealt with in regular special sessions.

The public shall be allowed to attend all except legally called closed sessions.  Those who attend
shall have the right to record the proceedings by a variety of types of equipment.  However, those
wishing to record proceedings are subject to reasonable rules determined by the board.  Such rules
may include:

1. requirements to set up large equipment in advance of the meeting.

2. the prohibition of supplementary lighting.


9320(b)
9322  

Meetings (continued)

3. requirements which insure avoidance of disruption or to preserve the rights of
 others in attendance.  

Legal Reference: 79-439 Meetings open to the public
84-1410 Public meeting law
84-1412 Public meetings

Bylaws adopted by the board: April 1995


9321 

Bylaws of the Board

Notification to Members

Notice of special meetings must be given in writing to each member of the board at least three days
before the meeting.  In case of emergency, the president shall have power to call a special meeting
on less than three days' notice, but all members of the board must be notified in writing.  Notices of
special meetings must distinctly state the business to be transacted, and no business other than that
specified in the call shall be considered at a special meeting, except as provided for in 9361.2.

Each board must provide reasonable advance notice of the time and place for each meeting by a
method recorded in board minutes.  The notice must contain an agenda or the statement that an up
to day agenda is available at the board's office during regular business hours.  The agenda may be
altered to contain additional items at the meeting itself.  84-1411(1).

Each board must maintain a list of the news media which have requested notice of the time and
place of each meeting and provide such news media with such notice.  84-1411(2).

Emergency meetings are permitted without the required notice, so long as the news media are
notified and the reasons for the emergency meeting are stated in the minutes.  Emergency meetings
may be conducted by means of electronic or telecommunication equipment. 84-1411(3).

Bylaws adopted by the board: April 1995


9321(a)

Bylaws of the Board

Agenda

Each school board must include with the public notice of each meeting an agenda or the statement
that an up-to-date agenda is available at the main office during regular business hours.  The agenda
may be altered to contain emergency items at the meeting itself.  84-1411(1). 

There are no "Annual Meeting" requirements for Class III, IV, V, or VI districts.

Bylaws adopted by the board: April 1995


9321(b)

Bylaws of the Board

Meeting/Types/Tim and Place/Notification

Time and Place

Regular meetings of the board shall be held in the board room of the administration building on the
second Monday of each calendar month at 7:30/8:00 p.m.  

 7:30      8:00

 November     April
 December     May
 January     June
 February     July
 March      August

Special meetings.  Special meetings may be called by the president of the board, or at the request of
two board members.

Annual meeting.  The board of education shall hold an annual meeting each year, prior to July 15, for
the purpose of presenting the annual budget to the district voters.

Meeting time and place.  All board meetings shall be conducted in school district buildings.  Meeting
time will be 7:30 p.m. unless set otherwise by the board.

Meetings advertised.  All board meetings shall be duly advertised as prescribed by law.

Notification to Members

Notice of special meetings must be given in writing to each member of the board at least three days
before the meeting.  In case of emergency, the president shall have power to call a special meeting
on less than three days' notice, but all members of the board must be notified.  Notices of special
meetings must distinctly state the business to be transacted, and no business other than that
specified in the call shall be considered at a special meeting.

Emergency Decisions

The board president or superintendent may call all members in an emergency for a decision and
have such decision ratified at the next regular board meeting.

Bylaws adopted by the board:  April 1995


9322

Bylaws of the Board

Closed Sessions

Closed sessions of the board will be held only in accord with Nebraska statutes.  They may be held
only by an affirmative vote of a majority of the board's voting members if a closed session is clearly
necessary for the protection of the public interest or for the prevention of needless injury to the
reputation of an individual.

Closed sessions may be held for but not limited to the following reasons:

1. Strategy sessions with respect to collective bargaining, real estate purchases or
 litigation

2. Discussion regarding deployment of security personnel or devices

3. Investigative proceedings regarding allegations of criminal conduct

4. Evaluation of the job performance of a person when necessary to prevent needless
 injury to the reputation of a person and when such person has not requested a public
 meeting.

Nothing in this section shall permit a closed meeting for discussion of the appointment or election of
a new member to the school board.

This bylaw shall not apply to chance meetings or to attendance at or travel to conventions or
workshops of members of the board at which there is no meeting of the board nor vote or other
action taken regarding business of the school.

The vote to hold a closed session shall be taken in open session.

Legal Reference:  84-1410 Closed session; when; reasons listed; vote to hold closed
    session; recorded; right to challenge

Bylaws adopted by the board:   10/10/83
Reaffirmed: April 1995


9323

Bylaws of the Board

Construction of Agenda/Advance Delivery of Meeting Materials

The superintendent, in cooperation with the president, shall prepare an agenda for each meeting and
have it delivered, with supporting information, to each board member so that he will have this
material at least 48 hours prior to each regular or special meeting.

Bylaws adopted by the board: April 1995


9323

Bylaws of the Board

Construction of Agenda

The superintendent shall confer with the president of the board of education in preparing the agenda
for any regular or special meeting of the board.  Members of the board may confer with the
superintendent or board president to request that items be included on the agenda.

Except for items of an emergency nature, the agenda shall not be enlarged later than 24 hours
before the scheduled commencement of the meeting.  The public body shall have the right to modify
the agenda to include items of an emergency nature only at such public meeting.

Any item relating to a public or parental complaint regarding curriculum, instruction materials or
school procedures shall be heard only if placed on the agenda 72 hours prior to the meeting.  Any
other concern of this nature shall be held over until the next regular or special meeting.
 

Legal Reference: 79-807 Board of education; selection of officers; rules and regulations
79-439 Meetings; open to public 79-1408 through 79-1414 Public meetings, etc. 84-1411

Bylaws adopted by the board:  April 1995


9325

Bylaws of the Board

Meeting Conduct

In the absence of the president and vice-president at any meeting, the secretary shall conduct the
meeting.

When a question is submitted to vote, every member present shall vote upon it, unless excused by
the board, or unless he or she is financially interested in it, in which latter case he or she shall not
vote.

Upon any question, the roll of board members shall be called and their yeas and nays recorded.  

Legal Reference: 79-454 District meeting, disorderly conduct penalties

Bylaws adopted by the board:  April 1995


9325.1

Bylaws of the Board

Quorum

A majority of the members of the board shall constitute a quorum.  The affirmative vote of a majority
of those members present at any meeting having a quorum shall be considered sufficient for action,
except for actions required otherwise by law or these policies.

In all meetings of any school board, a majority of members shall constitute a quorum.

Bylaws adopted by the board:  April 1995


9325.2

Bylaws of the Board

Regular Business Meetings

The board's business will be transacted in the order outlined below:

I. CALL TO ORDER

Pledge to the Flag

II. ACTION ITEMS

1. CONSENT AGENDA

A. Approve minutes

B. Approve claims and accounts

C. Excuse absent board members

2. Reports:

OLD BUSINESS

1.

NEW BUSINESS

1.

III. INFORMATION AND PROPOSALS

A.  Receiving of delegations
B.  Receiving of petitions and communications
C.  Administrator's report -
D.  Board members report -

IV. ADJOURNMENT

The order of business may be altered or suspended at any meeting by a majority vote of
those present. 

Bylaws adopted by the board:   April 1995
Bylaws amended by the board:   January, 1998


9325.3(a) 

Bylaws of the Board

Parliamentary Procedure

Conduct of the board will be in accord with these bylaws and policies of the board.  In absence of
applicable bylaws or policies, Roberts Rules of Order, newly revised, will govern board action unless
Statutes of take procedure.


9325.3(b) 

Bylaws of the Board

Parliamentary Procedure:   Voting

The yeas and nays upon votes taken shall be entered on the record on all questions called by the
president.  Any member may request that his vote be changed, if such request is made prior to
consideration of the next order of business.

Bylaws adopted by the board:  April 1995


9325.33(a)

Internal Board Policies

Procedures for Addressing the Board of Education

Who May Address the Board

1. Residents of the district.
2. Member of the staff and students.
3. Parents of students enrolled in the district.
4. Individuals who have been requested by the Superintendent or Board to present a
given subject.
5. Non-residents of the district who have requested and received the permission of the
Board or Superintendent in the prescribed manner.

Items for Board Action

Only items on the written Board agenda will be acted upon at any meeting unless the Board, by a
majority action, agrees that an emergency exists and that additional items should be placed on the
agenda.

To Place an Item on the Agenda

Any applicant may place an item on the agenda by filing a written request with the Superintendent at
least five days prior to the regularly scheduled Board Meeting.  The written request should include
the name, address, and telephone number of the person making the request; the name of the
organization or group represented, if any; a statement of action to be requested of the Board; any
pertinent background information leading to the request.

Time and Placement on the Agenda

The Superintendent, upon receipt of a properly executed request, shall set a date for inclusion of the
requested item on the agenda as soon as practicable, bearing in mind such consideration as
allowing time to gather pertinent information, to assemble members of the staff who have knowledge
of the subject, etc.  The Superintendent shall notify the individual or group of the date, time, and
place of the meeting at which the item will be considered.


9325.33(b) 

Internal Board Policies

Procedures for Addressing the Board of Education (continued)

To Speak to an Item on the Agenda

1. Stand during the visitors period (Agenda Item 4) and be recognized by the presiding
officer.
2. State your name and address.
3. State the subject about which you wish to speak.
4. Your name will be placed under that subject on the agenda and you will be called upon
when that subject comes up for discussion.

To Speak to an Item Not on the Agenda

1. Stand during the visitors period (Agenda Item 4) and be recognized by the presiding
officer.
2. State your name and address and the topic you desire to introduce for discussion.
3. The topic will be discussed after the proper disposition of the list of printed agenda
items.
4. No action will be taken by the Board on items introduced during the visitors period.   If
action is desired the subject should be placed on the agenda of a future meeting in  the manner
previously described in this leaflet.

Time Limit for Speakers

A time limit of five minutes per speaker will be allowed.  Not more than a total of twenty minutes will
be allowed for the presentation of any specific topic.  These time limits may be changed by a majority
of the Board members voting to extend the time for a specific topic or speaker.

Conduct and Remarks Out of Order

Undue interruption or other interference with the orderly conduct of business cannot be allowed.
Defamatory or abusive remarks are always out of order.  A speaker's privilege of address may be
terminated if he persists in improper conduct or remarks.

Questions and Comments by the Board and Superintendent

Members of the Board of Education and the Superintendent may question a speaker or make
comments in response to the speaker's remarks.


9325.33(c) 

Internal Board Policies

Procedures for Addressing the Board of Education (continued)

Charges, Complaints, or Challenges

At a public meeting of the Board no person shall orally initiate charges or complaints against
individual employees of the District or challenge instructional materials used in the district.  All such
charges, complaints, or challenges shall be presented to the Superintendent or Board in writing,
signed by the complainant.  All such charges, if presented to the Board directly, shall be referred to
the Superintendent for investigation and report.

Circulation of Materials

Any written or printed material to be circulated at a Board meeting must be submitted to the
Superintendent by the Wednesday preceding the meeting.  This material will be transmitted to the
members of the Board for their disposition.

Bylaws adopted by the board:  April 1995


9326 

Bylaws of the Board

Minutes

The secretary shall keep an accurate record of all board business in the school minutes.  These
minutes shall be typed and mailed to each board member just before the regular meeting of each
month.  After the minutes are adopted, they shall be bound and kept in a permanent, safe place.

All or any part of a meeting of the board of education may be recorded by any person in attendance
by means of a tape recorder or any other means of sonic reproduction or in writing.  In order to
record meeting activities, a request to do so must be made to the president prior to the meeting.
(See 9320)


9326

Bylaws of the Board

Board Minutes

Each school board must record the minutes of all meetings.  The minutes must contain the meeting
time and place, members present and absent, and the substance of all matters discussed.  All votes
must be recorded, showing how each member voted on each issue (including absent and not voting)
votes to organize the school board may be in secret, but the minutes must indicate how many votes
each candidate received.  All school board minutes are public records and must be open for public
inspection during normal business hours.  Minutes shall be written and available for inspection within
ten days, or prior to the next convened meeting, whichever occurs earlier.  79-327; 84-1413.

The minutes of the meetings of the board shall include the following:

1. The classification (regular, adjourned, or special), date and place of meeting.
2. The call to order stating time, person presiding and his office.
3. The record of the roll call of board members.
4. A notation of the presence or absence of the superintendent and a notation of other
 staff members.
5. A record of any corrections to the minutes of the previous meetings and the action
 approving them.
6. A record of all communications presented to the board.
7. A record of the hearing of all petitions of citizens.
8. A record of any reports of board members or staff members.
9. A record of each motion placed before the board.
10. Special marking to indicate policy matters.

The minutes shall be permanently filed and indexed for reference purposes.

All or any part of a meeting of the board of education may be recorded by any person in
attendance by means of a tape recorder or any other means of sonic reproduction or in writing.  In
order to record meeting activities, a request to do so must be made to the president prior to the
meeting.  (See 9320

Bylaws adopted by the board:  April 1995


9330

Internal Board Policies

Board Records

The approved budget, statistical compilations, reports, notices, bulletins, memoranda, minutes of
meetings, and official communications between governmental branches are public records, and
access thereto during normal hours of business may be granted to any citizen.  When access to
school records is granted, examination thereof will be made in the presence of the record custodian
regularly responsible for maintenance of files.

Not included in the category of records to which the privilege of access is given are the following:

1. Personnel records

2. Pupil records

3. Personal correspondence

Policy adopted:     January 1974
Reaffirmed:  April 1995


9340 

Bylaws of the Board

Membership in School Board Associations

The board shall ordinarily hold membership in such local, state, regional, and national school board
associations as may exist, and shall look upon such memberships as an opportunity for growth in
board service.

Legal Reference:  79-4, 149  Association of school boards; membership dues; payment authorized

Bylaws adopted by the board:  April 1995


9370

Bylaws of the Board

Control of Funds

The board shall have control of all district funds as authorized by law.

The board shall cause to be published a list of claims allowed by the board following each meeting.
This to be done in a manner prescribed by law.

All district accounts shall be audited annually.

The superintendent of schools is responsible for the management of all district accounts.  He may
designate the management of specific accounts to the business manager or staff members who are
adequately bonded.

Monies from district accounts shall be maintained at both local banks in as nearly an equitable
manner as possible.

Bylaws adopted by the board:  April 1995


9400 

Internal Board Policies

Monitoring Products and Processes

The board of education directs the superintendent, in cooperation with the school staff, student body,
parents and any other interested persons or groups, to establish and maintain a comprehensive
accountability plan and set of procedures for the school system. (cf. 2472)

The plan shall provide for regular, scheduled reports to the board of education on both student and
staff development in academic, vocational, and general behavioral pursuits in relation to professional
and board-adopted instructional goals.

The board of education accepts the responsibility for, and will provide for, accounting for its own
operations.

Policy adopted:   January 1974
Reaffirmed:  April 1995


9500

Bylaws of the Board

School District Reorganization Plan

Legal Provisions

The provisions for school district reorganization and dissolution and contained in statue. 79-426 et
seq.

State Board Policy

State Board Efforts - The State Board believes that its commitment to quality education requires the
Board, the Commissioner, and the Department staff to encourage and assist the legislature and the
citizens of Nebraska toward a vigorous and continuing effort for sound school district reorganization
that will provide the financial resources and pupil population sufficient to furnish a comprehensive
quality program of instruction.

Approval - The State Board shall encourage a unified K-12 district organization and shall approve
any class of school district organization provided by the legislature and proposed by the patrons
when such reorganization will substantially improve  existing educational opportunities for all the
pupils affected.

The required plan of organization of local school districts in order for schools in the district to be
accredited and approved may be found in "accreditation of Public and Non Public School Systems,"
and "Regulations and Procedures for Approving the Continued Legal Operations of ALL Schools and
the Opening of New Schools."  NDE Rule 11 and Rule 14.

Elementary grades shall mean those grades designated by the school system as elementary, but
shall not include any above grade eight.  NDE Rule 14.

Secondary grades shall mean those grades designated by the school system as secondary, but shall
not include any below grade seven.  NDE Rule 14.

Any school system which operates an elementary school program shall provide for kindergarten
instruction within this program, or otherwise arrange for it.  (Exceptions to this rule are provided.)
NDE Rule 11.

Adopted: NDE Rule 11 - 12/21/71; revised 5/26/75 NDE Rule 14 - 8/1/75; revised 5/7/76

Bylaws adopted by the board:  April 1995


9600

Bylaws of the Board

School Census

Within 10 days before the annual district meeting or school election, the secretary or some other
person appointed by the school board shall take the census of the district and make a list in writing
of the names of all the children in the district from birth to 21 years of age, together with the names of
the taxpayers in the district.  The census will identify separately the mentally handicapped and the
physically handicapped; it will be returned to the county superintendent with the annual report
accompanied by the affidavit that it was taken within 10 days preceding the annual meeting or
election.  79-458.

Classes I, II, III, and IV school district may opt to establish a permanent and continuing census which
lists the names of the children but need not be reported to the county superintendent.  This type of
census shall be kept in a depository maintained by the school district and is subject to inspection at
all times.  This record does not need to include the names of the taxpayers in the district.  79-458.

Distribution of state apportionment funds is based on the last annual census which the county
superintendent receives from a school district.  If a district opts to establish a permanent census, the
census report to the county superintendent for this purpose may be in numbers only.  79-458;
79-451.

If there is any doubt concerning the authenticity of an enumeration, the census maintained at the
school should be checked.  79-458.

If a school district needs a taxpayers census for school reclassification it will need a taxpayers
census to go to a Class III district from a Class II district.  However, if a school district loses
population and it exercises the option of not taking a taxpayers census, there will be no basis for
reclassification.  79-458.

Bylaws adopted by the board:  April 1995


9700

Bylaws of the Board

School Year

The term school year shall mean a minimum of 36 weeks of instructions.  School districts must have
schools open and in session with teachers and students in attendance no less than 175 days in
order to qualify for state apportionment.  The 175-day requirement excludes any days utilized for
parent conferences, snow days, in-service or for other purposes determined by the governing body
of the school district.  Minimum attendance required is not less than 175 days in any district.  79-101;
179-201; 79-1304.

The term school month shall mean a period of twenty days of instruction.  79-101(7).

The term school week shall mean a period of five days of instruction.

State Board Policy

Students  - The school year shall not have less than 175 days of instruction for
students.  79-1304; NDE Rule 14.

Teachers  - Teachers shall be under contract for at least 180 days, five of which
may be assigned for teacher in-service, parent conferences, regular
school days, or for other purposes determined by the local school
board or governing body.  NDE Rule 14.

School Week - The school week means a period of five days of instruction.  79-101;
NDE Rule 14.

School Day  - A school day means a minimum of 5 clock hours of instruction with
both students and teachers in attendance.  Two and one-half hours
shall be the minimum for 1/2 day of school.  Kindergarten may
observe a 2-hour minimum day.  NDE Rule 14.

School System - A school system means a public school district under the jurisdiction
of a single school board.  "School" means an individual attendance
center within a school system.  NDE Rule 14.

ADOPTED:  NDE Rule 14 - 8/1/75, Revised 5/7/76

Bylaws adopted by the board:  April 1995


9710

Bylaws of the board

School Calendar

Traditionally, each school district has established its own calendar without statutory direction.  In the
case of School District of Seward Education Association v. School District of Seward, 188 Nev. 784
(1969), the Court stated that the right to schedule work is a management prerogative.

Each school district determines the holidays it chooses to observe.  The following are the holidays in
the state for the purpose of the Uniform Commercial Code 62-301.

New Year's Day, January 1; Lincoln's Birthday, February 12; Washington's Birthday, the third
Monday in February; Arbor Day, April 22; Memorial Day, the last Monday in May; Independence Day,
July 4; Labor Day, the first Monday in September; Columbus Day, the second Monday in October;
Veterans Day, November 11, and the federally recognized holiday therefore, or either of them;
Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25.  If any of
such dates fall on Sunday, the following Monday shall be a holiday.  If the date designated by the
state for observance of any legal holiday enumerated in this section, except Veterans Day, is
different from the date of observance of such holiday pursuant to a federal holiday schedule, the
federal holiday schedule shall be observed.

Bylaws adopted by the board:  April 1995


9730

Bylaws of the Board

Average Daily Membership

State Board Policy

Definition Average daily membership is defined as "The aggregate days membership of a
given school divided by the number of days school is in session during this
period.  Only days on which the pupils are under the guidance and direction of
teachers should be considered as days in session.

Reporting The reporting period shall be the regular school term as required by
Nebraska laws.  Students in membership for less than the full school day may   be
considered in membership for the portion of the day they are actually    enrolled
and in class.  Such portion of a day must be equated to a full-time   equivalency of a
normal school day. NDE Rule 14.

Normal Day For purposes of such computations, a normal school day shall be the day as
defined by the school district, provided that such day may not be less than 5
clock hours per day or the equivalent if a variable schedule is utilized
covering a given period of time.  A student enrolled for less than .2 of a day or   the
equivalent may not be counted in the Average Daily Membership of a    school.
NDE Rule 2.

ADOPTED:   NDE Rule 2 - 7/19/74; NDE Rule 14 -8/1/75 Revised 5/7/76.

Bylaws adopted by the board:  April 1995


9740(a)

Bylaws of the Board

Emergency Closing

If an emergency or severe weather conditions cause cancellation of school, it will be necessary to
amend the school calendar to make up those school days missed.  When an epidemic exists or the
schoolhouse is destroyed, statute provides procedures to follow. 79-470.

Laurel-Concord Public School Weather Policy - Adopted 12/69

1. School will run every day unless visibility is bad and buses will run only on OPEN
roads.  Parents are requested to cooperate in notifying school bus drivers and school
officials about road conditions in rural areas; and further that driveways be kept  clear to
allow buses to turn around.  However, if roads are not open but visibility is  good, rural families
are asked to bring their children to the nearest school stop.

2. When a storm develops during the school day and it is evident that roads would
become blocked before buses could complete the run, students that cannot be taken
home will be brought back to Laurel.  Parents are asked to make advance provisions  for
the students to spend the night in Laurel or Concord.  Since the administration  would not know
what type of arrangements the parents would accept or want to make,  it is felt that the
responsibility belongs to the parents.  Such arrangements should be  made as soon as school
starts in the fall.

3. If roads remain closed for long periods of time, parents will need to provide
arrangements for their children to stay in Laurel until the roads are open.

4. Parents are urged to see that their children riding buses are dressed warmly with
overshoes, gloves and head coverings.  Mechanical difficulties can arise even when
roads are clear.

5. If in the judgment of the bus driver, any road on the bus route is unsafe to travel,
students will be let off the bus at a home as near as possible to their own home, and  the
parents advised where the students are.  Under such road conditions parents will  be
expected to bring the students to a road on the bus route which can be safely   traveled,
and notify the bus driver where the students will meet the bus.


9740(b)

Bylaws of the Board

Emergency Closing (continued)

State Board Policy

It is recommended that every effort be made by school districts to make up days missed because of
severe weather or other reasons.  In order to achieve this recommendation, it may be necessary to
amend the school calendar.  Alternative ways of making up missed days could include the following:
1) having school during portions of planned vacation periods, 2) having school on Saturdays, and 3)
by extending the school year.

If after using the alternatives listed above, it is determined that the 175-day total cannot be provided
without an unreasonable extension of the school year, an affidavit could be filed with the county
superintendent of schools.

Bylaws adopted by the board:  April 1995


9750

Bylaws of the Board

Summer Sessions

The only provision applicable to a summer school program is contained in the School Foundation
and Equalization Act.  This Act concerns the appropriation and distribution of funds provided by the
legislature for school districts and administered by the State Board of Education.  For purposes of
this Act, Summer School Program means a program consisting of thirty days of school at three hours
per day, or the equivalent, conducted by a district to meet the academic needs of its pupils during a
period other than the regular school year. 79-1331(5).

Each school district shall receive incentive payments per student hour for each student participating
in a summer school program consisting of 30 days of school and 3 hours per day or equivalent to
meet academic needs.  79-1340(4).

Bylaws adopted by the board:  April 1995

 

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