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2000 Series Board Policies - Policies Regarding the School Board

2000 Series Policies

 

INDEX

 

 

2001          Role of the Board of Education

 

2002          Organization of Board

 

2003          Development and Education of Board Members

 

2004          Oath of Office

 

2005          Conflict of Interest

 

2006          Complaint Procedure

 

2007          Reimbursement and Miscellaneous Expenditures

 

2008          Meetings

 

2009          Public Participation at Board Meetings

 

2010          Preparation for Regularly Scheduled Board Meetings

 

2011          Membership in Organizations

 

2012          Board Code of Ethics

 

2013          Violation of Board Ethics

 

2014          Relationship with School Attorney

 

2015          Student Member of School Board

 

2016          Participation in Insurance Program by Board Member

 

2017          Indemnification of Liability Insurance

 

                                                      2001

                                 Role of the Board of Education

 

The board of education (board) is charged by the Legislature with the duty of providing public elementary and secondary education to the citizens of the district.  The Legislature has also created the State Board of Education and the State Department of Education, and has delegated certain regulatory and advisory functions to them.  The board is responsible to these agencies as specified by law.

 

The board’s primary duties are: (1) to establish a mission, goals, and policies; (2) to establish and maintain school facilities; (3) to select a superintendent; (4) to adopt a fiscally responsible budget; and (5) to evaluate programs.

 

1. Establishment of Mission, Goals and Policies

 

The board shall concern itself with broad questions of mission, goals and policy, rather than administrative details.  The application of policies is an administrative task to be performed by the superintendent of schools and his or her administrative staff, who shall be held responsible for the effective administration and supervision of the entire school district. 

 

2. Establishment and Maintenance of School Facilities and Other Resources

 

The board is the legal agency through which the community works to provide the physical facilities, curriculum, instructional supplies and staff to enable the district’s mission and objectives to be carried out.  The board will establish and maintain school facilities necessary to educate the students of the district.

 

3. Selection of the Superintendent of Schools

 

The board will employ a superintendent of schools as the chief executive to whom it will delegate the administration of the school program. As the chief administrator for the board, the superintendent will implement board policies and supervise the day-to-day operation of the school system.  The superintendent will keep the board informed of the implementation of the plans and policies, and will recommend changes to policies as necessary.  The superintendent will furnish educational leadership to the board, the school staff, and the community.

 

4. Fiscally Responsible Budget

 

The board will annually adopt a fiscally responsible budget that will permit the district to accomplish its goals and objectives.  The management of the financial program and the development of the proposed budget for the district is delegated to the superintendent. 

 

The board will work for adequate and dependable financial support of the public schools, promotion of effective and efficient organization, and administration of the district. 

 

5. Evaluation of Program

  

The board will evaluate, or cause to be evaluated, the progress and results of the educational program on a continuous basis.  In making these evaluations, the board will seek and give appropriate weight to the superintendent’s analysis and recommendations.

 

 

 

Adopted on: 7-8-19

Revised on: _______________

Reviewed on: __4-12-21______

 

2002

Organization of the Board

 

1. Membership, Term and Election

 

1. 1. The Board of Education shall be comprised of six members who will be elected at large.

 

1. 2. Those who wish to serve on the board shall file, be elected, and serve terms of office on the board according to law. 

 

2. Internal Organization and Officers

 

1. 1. President 

 

1. 1. 1. At the regular January meeting, the board shall elect from among its members a president who shall serve in that capacity for one year. 

 

1. 1. 2. The president shall preside at all board meetings, and shall perform such other duties as may be prescribed by law or by action of the board.

 

1. 2. Vice President

 

1. 1. 1. At the regular January meeting, the board shall elect from among its members a vice president who shall serve in that capacity for one year.

 

1. 1. 2. The vice president shall preside in the absence of the president, and shall perform such other duties as are assigned by the board.

 

1. 3. Secretary 

 

1. 1. 1. At the regular January meeting, the board shall elect a secretary who need not be a member of the board.  The secretary shall serve in that capacity for one year.  If the secretary is a member of the board, an assistant secretary may be named and his or her duties and compensation set by the board.

 

1. 1. 2. The secretary shall see that an accurate record of the proceedings of the board is kept, that a copy of the proceedings is provided to each board member and to the superintendent, and that a concise summary of each month’s meeting is published along with a list of all approved claims.  The secretary shall perform such other duties as are prescribed by law and assigned by the board.

 

1. 4. Treasurer 

 

1. 1. 1. A treasurer from the board will be designated on a year-to-year basis. 

 

1. 1. 2. The treasurer will sign checks and certain other documents.  The treasurer is the custodian of the monies of the district. 

 

1. 1. 3. The treasurer shall give bond or equivalent insurance coverage payable to the district as prescribed by law with the cost of the bond being paid by the district. 

 

1. 1. 4. The treasurer shall issue no warrant of payment of claim against the district until such claim has been duly authorized by the board and has been duly countersigned by the president. 

 

1. 1. 5. The vice president or secretary may sign any warrant in the absence of either the president or the treasurer. 

 

3. Board Officer Voting and Tie Breakers

 

1. 1. The vote to elect board officers may be taken by secret ballot, but the total number of votes for each candidate shall be recorded in the minutes.

 

1. 2. In the event any officer cannot be elected by a majority after 10 votes; no votes occur after ten motions fail for lack of a “second,”; or no member volunteers to serve as an officer for a particular position, the tie will be broken by the applicable method:

 

1. 1. 1.  If the board is split between two members, the officer will be determined by coin flip.  The winning member will be the officer for the upcoming year unless the position changes by action of the board.

 

1. 1. 2. If the board is split between more than two members who wish to serve as the officer, any member wanting to serve as the officer will put his or her name into a drawing.  The name drawn out will be the officer for the upcoming year unless the position changes by action of the board.

 

1. 1. 3. If no member is willing to serve as an officer for a position which is required to be a member of the board, all non-officers’ names will be put into a drawing.  The name drawn out will be the officer for the upcoming year unless the position changes by action of the board.

 

4. Committees

 

1. 1. The board shall authorize such special committees as it deems necessary. The board president shall appoint members to the committee, and designate its function, tasks it is to perform, and a completion date for its work.

 

1. 2. On or before the beginning of each calendar year, the board shall appoint three members to form a Committee on American Civics.  The committee’s duties shall be those prescribed by Nebraska statutes, which include:
      1. Hold no fewer than two public meetings annually, at least one when public testimony is accepted;
      2. Keep minutes of each meeting showing the time and place of the meeting, which members were present or absent, and the substance and details of all matters discussed;
      3. Examine and ensure that the social studies curriculum used in the district is aligned with the social studies standards adopted pursuant to section 79-760.01 and teaches foundational knowledge in civics, history, economics, financial literacy, and geography; 
      4. Review and approve the social studies curriculum to ensure that it stresses the services of the men and women who played a crucial role in the achievement of national independence, establishment of our constitutional government, and preservation of the union and includes the incorporation of multicultural education as set forth in sections 79-719 to 79-723 in order to instill a pride and respect for the nation's institutions and not be merely a recital of events and dates;
      5. Ensure that any curriculum recommended or approved by the committee on American civics is made readily accessible to the public and contains a reference to this section;
      6. Ensure that the district develops and utilizes formative, interim, and summative assessments to measure student mastery of the social studies standards adopted pursuant to section 79-760.01;
      7. Ensure that the social studies curriculum in the district incorporates one or more of the following for each student:
         1. Administration of a written test that is identical to the entire civics portion of the naturalization test used by United States Citizenship and Immigration Services prior to the completion of eighth grade and again prior to the completion of twelfth grade with the individual score from each test for each student made available to a parent or guardian of such student; or
         2. Attendance or participation between the commencement of eighth grade and completion of twelfth grade in a meeting of a public body as defined by section 84-1409 followed by the completion of a project or paper in which each student demonstrates or discusses the personal learning experience of such student related to such attendance or participation; or
         3. Completion of a project or paper and a class presentation between the commencement of eighth grade and the completion of twelfth grade on a person or persons or an event commemorated by a holiday listed in section 79-724(6) or on a topic related to such person or persons or event; and
      8. Take all such other steps as will assure the carrying out of the provisions of this section and provide a report to the school board regarding the committee's findings and recommendations.

 

5. Vacancies 

 

1. 1. A vacancy on the board of education shall exist when any one of the following occurs:

 

1. 1. 1. A member submits his or her formal resignation from the board.

 

1. 1. 2. A member removes himself or herself from the district or is absent from the district for a continuous period of sixty days.

 

1. 1. 3. A member misses more than two consecutive regular board meetings unless excused by a majority of the remaining members.

 

1. 1. 4. Such other reasons as are set forth in Nebraska statutes.

 

1. 2. The board shall make note the vacancy in its minutes and shall give notice of the date the vacancy occurred, the office vacated, and the length of the unexpired term to (1) the election commissioner or county clerk, and (2) the public by published notice in a newspaper of general circulation in the district. 

 

1. 3. Vacancies shall be filled in the manner set forth in Nebraska statutes.

 

Adopted on: 7/8/19

Revised on: 10/14/19

Reviewed on: _4-12-21_____

 

                                                      2003

                   Development and Education of Board Members

 

1. New Board Member Orientation

 

1. 1. All new board members are strongly encouraged to attend new board member training and workshops.

 

1. 2. Sitting board members and the superintendent will assist each new member-elect to understand the board’s functions, policies, and procedures before he or she takes office.

 

2. Ongoing Development and Education

 

1. 1. Board members provide the most effective service to the district when they are continuously updated on educational and legal issues.  Attendance at meetings directly or indirectly related to education or school matters is encouraged for the value they have to the school system and the professional growth of board members.

 

1. 2. Board members are encouraged to engage in continuing education such as:

 

1. 1. 1. Participation in local, regional and state conferences and workshops such as meetings of the Nebraska Association of School Boards, the Nebraska Rural Community Schools Association, and the Nebraska Council of School Administrators.

 

1. 1. 2. Participation in legislative sessions and related activities.

 

1. 1. 3. Participation in national conventions such as the National School Boards Association and/or the American Association of School Administrators on a rotating basis among the members.

 

1. 1. 4. Examination of other school facilities and their programs.

 

The superintendent shall notify board members of all relevant conferences and workshops, other local and regional meetings, and/or in-service activities.

 

Board members should refer to Policy 2007 for information on reimbursement for attendance at continuing education and training.

 

 

 

 

Adopted on: 7-8-19

Revised on: _______________

Reviewed on: __4-12-21_______

 

2004

Oath of Office

 

No board member is required to take an oath of office pursuant to Nebraska law.  However, new board members may voluntarily take the following oath before entering into their official duties:

 

I, ......................, do solemnly swear that I will support the Constitution of the United States and the Constitution of the 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 or for purpose of evasion; and that I will faithfully and impartially perform the duties of the office of member of the board of education, 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 the 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.

 

Board members may affirm the oath orally or in writing.  Copies of written oaths will be retained as official records of the school district in the main administrative office and such other places as may be required by law.  Board members who give the oath orally will be noted in the minutes.

 

 

Adopted on: 7-8-19

Revised on: _______________

Reviewed on: ___4-12-21_____

 

2005

Conflict of Interest

 

Any member of the board of education who meets the conditions set forth in this policy shall be deemed to have a business or financial conflict of interest.

 

1.  Definitions.  For purposes of this policy:

 

1. 1. Business with which a board member is associated shall include the following:

 

1. 1. 1. 1. A business in which the board member or a member of his or her immediate family is a partner, a limited liability company, or serves as a director or an officer.

 

1. 1. 1. 2. A business in which the board member or a member of his or her immediate family is a stockholder in a closed corporation with stock worth one thousand dollars or more, or the board member or his or her immediate family owns more than a five percent equity interest or is a stockholder of publicly traded stock worth more than ten thousand dollars or more at fair market value, or which represents more than ten percent equity interest. This shall not apply to publicly traded stock under a trading account if the board member reports the name and address of the company and stockbroker.

 

1. 2. A business association shall be defined to include an individual as a partner, limited liability company member, director or officer, or a business in which the individual or member of the immediate family is a stockholder.

 

1. 3. Immediate family member or member of the immediate family shall mean a child residing in an individual's household, a spouse of an individual, or an individual claimed by that individual or that individual's spouse as a dependent for federal income tax purposes.

 

1. Contracts with the School District. 

 

a.  No board member or member of his or her immediate family shall enter into a contract valued at two thousand dollars or more, in any one year, with this school district unless the contract is awarded through an open and public process that (1) includes prior public notice and (2) allows the public to inspect during the school district’s regular office hours the proposals considered and the contract awarded.  Board members who enter into employment contracts with the school district must also comply with the board’s policy on the employment of board members.

 

b. The existence of any conflict of interest in any contract in which the board member has an interest and in which the school district is a party, or the failure to make public the board member's interest known, may render a contract null and void.

 

c. The prohibition of a conflict of interest or requirement for the board member to make public notice shall apply when the board member, or his or her immediate family has a business association with the business involved in the contract or will receive a direct pecuniary fee or commission as a result of the contract.

 

d. The prohibition in this section does not apply if the contract is an agenda item approved at a board meeting and the board member:

 

(1)    Makes a declaration on the record to the school board regarding the nature and extent of his or her interest prior to official consideration of the contract;

 

(2)    Does not vote on the matters of granting the contract, making payments pursuant to the contract, or accepting performance of work under the contract, or similar matters relating to the contract, except that if the number of members of the school board declaring an interest in the contract would prevent the board with all members present from securing a quorum on the issue, then all members may vote on the matters; and

 

(3)    Does not act for the school board as to inspection or performance under the contract in which he or she has an interest.

 

 

 

 

 

2. Contracts with Board Member’s Immediate Family. 

 

1. 1. If a person in a board member's immediate family is an employee of this school district, the board member may vote on all issues of a contract which are generally applicable to:

 

1. 1. 1. 1. All district employees.

 

1. 1. 1. 2. All employees within a specific classification but which does not single out the member of his or her immediate family.

 

3. Employing Members of the Immediate Family.

  

1. 1. A board member may recommend for employment or supervise the employment of an immediate family member if:

 

1. 1. 1. 1. The board member does not abuse his or her position.

 

1. 1. 1. 2. Abuse of official position shall include, but not be limited to, employing an immediate family member:

 

1. 1. 1. 1. 1. 1. who is not qualified for and able to perform the duties of the position;

 

1. 1. 1. 1. 1. 2. for any unreasonably high salary;

 

1. 1. 1. 1. 1. 3. who is not required to perform the duties of the position.

 

1. 1. 1. 3. The board makes a reasonable solicitation and consideration of applications for employment.

 

1. 1. 1. 4. The board member makes a full disclosure on the record to the governing body of the school district and to the secretary of the board.  If the secretary of the board of education would be the individual filing the disclosure statement, the statement shall be filed with the president of the board of education.

 

1. 1. 1. 5. The board approves the employment or supervisory position.

 

1. 2. The board has not terminated the employment of another employee so as to make funds or a position available for the purpose of hiring an immediate family member.

 

4. Gifts, Loans, Contributions, Rewards, or Promises of Future Employment

 

1. 1. No board member shall offer or give to the following persons anything of value, including a gift, loan, contribution, reward, or promise of future employment, based upon an agreement that a vote, official action, or judgment would be influenced thereby:

 

1. 1. 1. 1. a public official, public employee, or candidate.

 

1. 1. 1. 2. a member of the immediate family of an individual listed in Subparagraph 'a' above.

 

1. 1. 1. 3. a business with which an individual listed in Subparagraph (1) or (2) above is associated.

 

1. 2. No board member shall solicit or accept anything of value, including a gift, loan, contribution, reward, or promise of future employment based on an agreement that the vote, official action, or judgment of the board member would thereby be influenced.

 

1. 3. A board member shall not use or authorize the use of his or her public office or any confidential information received through the holding of a public office to obtain financial gain, other than compensation provided by law, for himself or herself, a member of his or her immediate family, or a business with which he or she is associated.

 

d.  A board member shall not use personnel, resources, property, or funds under his or her official care and control other than in accordance with prescribed constitutional, statutory, and regulatory procedures or use such items, other than compensation provided by law, for personal financial gain.

 

5. Conflict of Interest Relating to Campaigning or Political Issues

 

1. 1. Except as provided below, the board shall not authorize the use of personnel, property, resources, or funds under its jurisdiction for the purpose of campaigning for or against the nomination or election of a candidate or the qualification, passage, or defeat of a ballot question.

 

1. 2. This does not prohibit the board from making school district facilities available to a person for campaign purposes if the identity of the candidate or the support for or opposition to the ballot question is not a factor in making the facilities available or a factor in determining the cost or conditions for use.

 

1. 3. This does not prohibit the board from discussing and voting upon a resolution supporting or opposing a ballot question.

 

1. 4. This does not prohibit the board, while legally seated as a body, from responding to specific inquiries by the press or the public as to the board's opinion regarding a ballot question or from providing information in response to a request for information.

 

 

1. 1. 1. 1. The board may designate one or more members of its body, or one or more of its school administrators, to speak on behalf of the board on specific occasions such as public meetings or legislative hearings.

 

1. 1. 1. 2. Any member of the board may present his or her personal opinion regarding a ballot question or respond to a request for information related to a ballot question; but in so doing, the person should clearly state that the information being presented is his or her personal opinion and is not to be considered as the official position or opinion of the board.  However, this shall not be done during a time that the individual is engaged in his or her official duties.

 

6. Conflict of Interest Statement

 

1. 1. Any board member who would be required to take any action or make any decision in the discharge of his or her official duties that may cause financial benefit or detriment to him or her, a member of his or her immediate family, or a business with which he or she is associated, which is distinguishable from the effects of such action on the public generally or a broad segment of the public, shall take the following actions as soon as he or she is aware of such potential conflict or should reasonably be aware of such potential conflict, whichever is sooner:

 

1. 1. 1. 1. Prepare a written statement describing the matter requiring action or decision and the nature of the potential conflict;

 

1. 1. 1. 2. Deliver a copy of the statement to the school board secretary who shall enter the statement onto the school district’s public records; and

 

 

1. 1. 1. 3. Abstain from participating or voting on the matter in which he or she has a conflict of interest.

 

1. 2. If the board member would like a formal opinion from the NADC as to whether there is an actual conflict of interest, he/she shall deliver a copy of the statement to the NADC.

 

7. Recordkeeping

 

1. 1. The board secretary shall maintain a separate record of the following information for every contract entered into by the school board in which a board member has an interest and for which disclosure was made pursuant to section 2d of this policy:

 

1. 1. 1. 1. The names of the contracting parties.

 

1. 1. 1. 2. The nature of the interest of the board member in question.

 

1. 1. 1. 3. The date that the contract was approved.

 

1. 1. 1. 4. The amount of the contract.

 

1. 1. 1. 5. The basic terms of the contract.

 

1. 2. The information supplied relative to the contract shall be provided no later than ten (10) days after the contract has been signed by both parties. The ledger kept by the board secretary shall be available for public inspection during normal working hours of the office in which it is kept.

 

9.  Conflict.  To the extent that there is a conflict between this policy and the Nebraska Political Accountability and Disclosure Act (“Act”), the Act shall control.

 

Adopted on: 7-8-19

Revised on: _______________

Reviewed on: __4-12-21______

 

2006

Complaint Procedure

 

Good communication helps to resolve many misunderstandings and disagreements.  This complaint procedure applies to complaints unless the complaint is subject to a different procedure required by law, policy or contract.  Individuals who have a complaint should discuss their concerns with appropriate school personnel in an effort to resolve problems at the lowest level of the chain of command. When those efforts do not resolve matters satisfactorily, including matters involving discrimination or harassment on the basis of race, color, national origin, sex, marital status, disability, or age, a complainant should follow the procedures set forth in any specific policy addressing those areas or the procedures set forth below.  Allegations of sex discrimination covered by Title IX will be addressed through the board’s Title IX policy. 

 

References to “coordinator” in this policy refer to the board-designated coordinator for the applicable area, such as the Section 504 Coordinator for allegations of disability-based discrimination.

 

A preponderance of the evidence will be required to discipline a party accused of misconduct.  This means that the investigator must conclude that it is more likely than not that misconduct occurred.

 

Complaint and Appeal Process.

 

1. The first step is for the complainant to speak directly to the person(s) with whom the complainant has a concern. For example, a parent who is unhappy with a classroom teacher should initially discuss the matter with the teacher. However, the complainant should skip the first step if complainant reasonably believes speaking directly to the person would subject complainant or complainant’s student to discrimination or harassment. 

 

2. The second step is for the complainant to speak to the building principal,  coordinator, superintendent, or president of the board of education, as set forth below.  Anyone with questions about the appropriate person to speak with may request clarification from the superintendent.

 

1. 1. Complaints about the operation, decisions, or personnel within a building should be submitted to the principal of the building.

 

1. 2. Complaints about the operations of the school district or a building principal should be submitted in writing to the superintendent of schools.

 

1. 3. Complaints about the superintendent of schools should be submitted in writing to the president of the board of education.

 

1. 4. Complaints involving discrimination or harassment on the basis of race, color, national origin, sex, marital status, disability, or age may be submitted to the applicable coordinator. Complaints involving discrimination or harassment may also be submitted at any time to the Office for Civil Rights, U.S. Department of Education: by email at OCR.KansasCity@ed.gov; by telephone at (816) 268-0550; or by fax at (816) 268-0599.

 

3. When a complainant submits a complaint to an administrator or coordinator, the administrator or coordinator shall first determine whether another applicable procedure is required by policy or law and if so, direct the complaint to the appropriate person to follow that procedure.  If not, the administrator or coordinator will promptly and thoroughly investigate the complaint, and shall:

 

1. 1. Determine whether the complainant has discussed the matter with the respondent.

 

1. 1. 1. If the complainant has not, urge the complainant to discuss the matter directly with the respondent, if appropriate.

 

1. 1. 2. If the complainant refuses to discuss the matter with the respondent, the administrator or coordinator shall, in his or her sole discretion, determine whether the complaint should or must be pursued further. 

 

1. 2. Strongly encourage the complainant to reduce his or her concerns to writing. 

 

1. 3. Interview the complainant and, if necessary, the respondent against whom the complaint is filed, to determine:

 

1. 1. 1. All relevant details of the complaint;

 

1. 1. 2. All witnesses and documents which the complainant believes support the complaint;

 

1. 1. 3. The action or solution which the complainant seeks.

 

1. 4. Respond to the complainant. If the complaint involves discrimination or harassment, the response shall be in writing and shall be submitted within 180 calendar days after the administrator or coordinator receives the complaint.

 

4. If either the complainant or the respondent is not satisfied with the decision, he or she may appeal the decision to the superintendent.  The superintendent may assign a qualified designee to hear any appeal.  This provision applies to appeals under the board’s policies governing complaints of discrimination or harassment, including Title IX and any other policy with a separate grievance or complaint procedure, unless that other procedure includes its own appeal process.  All requirements for appeals within any other policy apply, and in addition to those requirements, the following also apply.

 

1. 1. The appeal must be in writing.

 

1. 2. This appeal must be received by the superintendent no later than three (3) calendar days from the date of the decision.

 

1. 3. For complaints addressed through other applicable procedures that do not include a separate investigatory process, the superintendent will investigate as he or she deems appropriate.

 

1. 4. The superintendent will prepare a written decision and provide it to the complainant and any other person entitled by law to receive the appeal decision. For complaints involving discrimination or harassment, the superintendent shall submit the decision within 180 calendar days after the superintendent received complainant’s written appeal. Appeals to the superintendent from complaints involving discrimination or harassment are final once the superintendent delivers the written decision, as are all other appeals/complaints to the superintendent unless the complaint can be appealed on the limited grounds to appeal to the board below.

 

5. The board’s role is to set policy, establish and implement a budget, and evaluate the superintendent.  The board does not manage the daily operations of the school district entrusted to its administration unless required by law or policy.  Because of the board’s statutory roles, it does not hear complaints or appeals that may involve oversight or discipline of students, staff, or others, unless those involve allegations against the superintendent as discussed below.  The board does not hear complaints or appeals based on allegations of discrimination or harassment unless otherwise required by law.  The board will hear appeals only in the following circumstances:

 

1. 1. When the complaint is about a board policy, not implementation of the policy;
   2. When the complaint involves the budget or school expenditures that have been or must be approved by the board; or
   3. When the board is required by law, policy, or contract to hear a complaint or appeal.   

 

If a complaint involves those limited grounds and a party is not satisfied with the superintendent’s decision regarding the complaint or appeal, he or she may appeal the decision to the board.

 

1. 4. This appeal must be in writing.

 

1. 5. This appeal must be received by the board president no later than ten (10) calendar days from the date the superintendent communicated the decision to the complainant.

 

1. 6. This policy allows, but does not require the board to receive statements from interested parties and witnesses relevant to the complaint or appeal. However, all matters involving discrimination or harassment allegations against the superintendent shall be promptly and thoroughly investigated by the board president or a designee.

 

1. 7. The board president will notify the complainant and any other person legally required to receive the decision in writing of the decision. If the complaint involves discrimination or harassment allegations against the Superintendent, the board president shall submit the decision within 180 calendar days after receiving the written appeal.

 

1. 8. There is no appeal from any decision of the board unless authorized by law.

 

6. Formal complaints about the superintendent shall be filed with the president of the board.  However, complaints about the superintendent do not include disagreement with the superintendent’s decision on appeal based on a complaint of discrimination, harassment, or action of any other employee who is not the superintendent.  Upon receipt of a complaint, the board president or his or her designee shall promptly and thoroughly investigate the complaint, and shall:

 

1. 1. Coordinate with school district staff, other than the superintendent, to determine if another procedure in policy or law requires the complaint against the superintendent to follow another procedure.  If so, the board president will coordinate handling the complaint through that procedure.  If another procedure applies, such as in the case of allegations of sex discrimination against the superintendent, the board president or, at his or her discretion, the full board will serve only to hear any appeal by a party to the complaint.

 

1. 2. Determine whether the complainant has discussed the matter with the superintendent. 

 

1. 1. 1. If the complainant has not, the board president or designee will urge or require the complainant to discuss the matter directly with the superintendent, if appropriate or required. 

 

1. 1. 2. If the complainant refuses to discuss the matter with the superintendent, the board president shall, in his or her sole discretion, determine whether the complaint should or must be pursued further. 

 

1. 3. Determine, in his or her sole discretion, whether to place the matter on the board agenda for consideration at a regular or special meeting by the full board. 

 

1. 4. Respond to the complainant or appeal. If the complaint or appeal involves discrimination or harassment, the response shall be in writing and shall be submitted within 180 calendar days after the president received the complaint.

 

1. 5. Appoint or contract with other individuals qualified to assist the board through this process or any other applicable procedure used to address allegations against the superintendent.

 

No Retaliation. The school district prohibits retaliation against any person for filing a complaint or for participating in the complaint procedure in good faith.

 

Special Rules Regarding Educational Services and Related Services to Students with Disabilities.  Students with disabilities and their families have specific rights outlined in state and federal law, including administrative processes by which they may challenge the educational services being provided by the school district.  Therefore, the appeal process contained in this policy may not be used to challenge decisions made by a student’s individualized education plan (IEP) team or 504 team.  

 

Complaints about the educational services provided a student with a disability, including but not limited to services provided to a student with an IEP, access to curricular and extracurricular activities, and educational placement must be submitted to the school district’s Director of Special Education.  The Director of Special Education will address the complaint in a manner that he/she deems appropriate and will provide the complainant with a copy of the Notice of IDEA Parental Rights promulgated by the Nebraska Department of Education. 

 

Complaints about the educational services provided a student with a disability pursuant to a Section 504 plan must be submitted to the school district’s 504 Coordinator.  The 504 Coordinator will address the complaint in a manner that he/she deems appropriate and will provide the complainant with a copy of the Notice of Section 504 Parental Rights adopted by the board of education. 

 

Complaints about the educational services provided to a student who is suspected of having a disability must be submitted in writing to the school district’s Director of Special Education or to the district’s 504 Coordinator.  The Director of Special Education or 504 Coordinator will either refer the student for possible verification as a student with a disability or will provide prior written notice of the district’s refusal to do so.     

 

Bad Faith or Serial Filings.  The purpose of the complaint procedure is to resolve complaints at the lowest level possible within the chain of command.  Individuals who file complaints (a) without a good faith intention to attempt to resolve the issues raised; (b) for the purpose of adding administrative burden; (c) at a volume unreasonable to expect satisfactory resolution; or (d) for purposes inconsistent with the efficient operations of the district may be dismissed by the superintendent or board president without providing final resolution other than noting the dismissal.  There is no appeal from dismissals made pursuant to this section.

 

Adopted on: ____8/10/20_______

Revised on: ___6/10/24______

Reviewed on: ______________

                                                     

2007 Reimbursement and Miscellaneous Expenditures

 

1. Board members, employees, and volunteers of the school district are expected to maintain and enhance their effectiveness by being well-informed on issues affecting education.  They are encouraged to attend education workshops, conferences, training programs, official functions, hearings, and meetings sponsored by the school district or state and national educational organizations which are helpful to them in performing their duties or which are in the best interests of the school district.

 

2. This board hereby gives prior approval for board members to attend meetings described in the preceding paragraph.  Upon approval by the board president, or the superintendent or designee when the board president is unavailable, such board members may attend authorized meetings without further action or approval by the board, and shall be paid or reimbursed for registration costs, tuition costs, fees or charges, travel expenses, and costs of meals and lodging as permitted by law.

 

1. 1. The superintendent or the superintendent's designee may authorize employees and volunteers to attend meetings described in the first paragraph and may authorize the payment of such registration costs, tuition costs, fees, charges, travel expenses, costs of meals, and/or costs of lodging as he or she deems appropriate and as permitted by law.

 

1. 2. Expenses for attendance at any of the above activities shall be paid by the school district as allowed by law.  The Board shall pay or reimburse attendees for expenses that are actually, necessarily, and reasonably incurred in attending educational seminars, conventions, and workshops; conferences; training programs; official school functions, hearings or meetings, provided that such reimbursement is permitted by law.

 

1. 3. The board authorizes the expenditure of funds for non-alcoholic beverages for individuals attending public meetings of the board and non-alcoholic beverages and meals for individuals while performing or immediately after performing relief, assistance, or support activities in emergency situations, and for any volunteers during or immediately following their participation in any activity approved by the board.

 

1. 4. It is in the best interest of this school district to recognize service by board members, employees, and volunteers.  The board authorizes the president, superintendent or the superintendent's designee to determine when and to whom plaques, certificates of achievement, flowers or other items of value should be granted, provided that no such plaque, certificate, flowers or other item of value shall cost more than $100.00.

 

1. 5. Funds may be spent for one recognition dinner each year for elected and appointed officials, employees or volunteers of the school district.  The maximum cost per person for such a dinner shall not exceed $50.00.

 

 

Adopted on: 7-8-19

Revised on: _______________

Reviewed on: ____4-12-21____

 

 

 

2008

Meetings

 

The formation of policy is public business and will be conducted openly in accordance with the Nebraska Open Meetings Act.

 

1. Types of Meetings

 

1. 1. The board shall hold its regular meetings on or before the third Monday of each month.

 

1. 2. Special and emergency meetings may be called as provided by law.

 

1. 3. The board may schedule work sessions and retreats in order to provide board members and administrators with the opportunity to plan, research, and engage in discussion.

 

2. Notice

 

The board shall give reasonable advance publicized notice of the time and place of each of its meetings, which generally will be 48 hours or more in advance of the meeting.  Such notice shall be transmitted to all members of the board and to the public. 

 

Notice of regular and special meetings shall be published in a newspaper of general circulation within the district and, if available, on the newspaper’s website. Newspapers of general circulation in the district include the Nance County Journal and/or Grand Island Independent.  Such notice shall contain a statement that the agenda shall be readily available for public inspection at the administration office of the school during the normal business hours. In addition, the superintendent is authorized, but not required, to publish the notice of any meeting on the school district’s website, posting in three prominent places within the school district, or by any other appropriate method designated by the board. 

 

In case of refusal, neglect, or inability of the newspaper to timely publish the notice, the school district will (1) post the notice on its website, if available, and (2) post the notice in a conspicuous public place in the school district’s jurisdiction.  The school district will keep a written record of the posting.

 

When it is necessary to hold an emergency meeting without reasonable advance public notice, the nature of the emergency shall be stated in the minutes of the meeting, and any formal action taken in such meeting shall pertain only to the emergency.  Complete minutes of such emergency meetings specifying the nature of the emergency and any formal action taken at the meeting shall be made available to the public no later than the end of the next regular business day.

 

3. Weather Delays

 

In the event of inclement weather which makes it dangerous or unreasonable for board members or members of the public to attend a meeting for which notice has already been given, such meeting may be postponed by the board president.  The board will communicate the delay to members of the public by posting it on the district’s website and by following the same communication protocol that the district follows when student attendance at school is called off due to inclement weather.  When possible, the board president and superintendent will attempt to communicate the information to local media members and business owners to assist in notifying the public of the delay.  Notice of the date, time, and location of the postponed meeting will be advertised as required in the “Notice” section above.

 

4. Minutes

 

1. 1. The board shall keep minutes of all meetings showing the time, place, members present and absent, the method(s) and date(s) of the meeting notice, and the substance of all matters discussed. 

 

1. 2. Any action taken on any question or motion duly moved and seconded shall be by roll call vote of the board in open session, and the record shall state how each member voted, or if the member was absent or not voting.

 

1. 3. The minutes of all meetings and evidence and documentation received or disclosed in open session shall be public record and shall be published on the school district's website within ten working days of the last meeting or prior to the next convened meeting, whichever occurs earlier. The minutes shall be available on the website for at least six months.

 

 

 

Adopted on: ____7/8/19___

Revised on: ____6/10/24_____

Reviewed on: ______________

 

 

                                                     

2009

Public Participation at Board Meetings

 

The board of education shall conduct its meetings in accordance with the Nebraska Open Meetings Act.

 

The board shall make reasonable efforts to accommodate the public’s right to hear the discussions and testimony presented at its meetings.  The board shall make available at the meeting, for examination and copying by members of the public, at least one copy of all reproducible written material to be discussed in open session of the meeting.

 

Except for closed sessions, the board will allow members of the public an opportunity to speak at each meeting.  The board may make and enforce reasonable rules and regulations regarding the conduct of persons attending, speaking at, videotaping, photographing, or recording its meetings. 

 

The board shall not require members of the public to identify themselves as a condition for admission to the meeting, nor shall such body require that the name of any member of the public be placed on the agenda prior to such meeting in order to speak about items on the agenda.  However, the board shall require members of the public desiring to address the board to identify themselves, including an address and the name of any organization represented by such person unless the address requirement is waived to protect the security of the individual.

 

 

Adopted on: ____7/8/19___

Revised on: ____6/10/24_____

Reviewed on: ______________

 

 

2010

Preparation for Board Meetings

 

The superintendent will create the agenda and board packet in consultation with the board president.  The materials will be sent or delivered to each board member in advance of the meeting.  Members of the public have no entitlement to place an item on the board’s agenda, but may address the board during the next meeting at which the board receives public comment.  The agenda shall be placed on the district’s website at least 24 hours before the school board meeting and shall remain available on the website for at least six months. 

 

 

 

Adopted on: 7-8-19

Revised on: _6/13/22________

Reviewed on: ________

 

2011

Membership in Organizations

 

The board may hold membership in organizations approved by the board.

 

 

Adopted on: 7-8-19

Revised on: _______________

Reviewed on: ___4-12-21_____

 

2012

Board Code of Ethics

 

The board recognizes that collectively and individually, all members of the board must adhere to an accepted code of ethics in order to improve public education.  Board members must conduct themselves professionally and in a manner fitting of their position. 

 

Each board member shall: 

 

1. Attend all regularly scheduled board meetings insofar as possible, and become informed concerning the issues to be considered at those meetings;

 

2. Endeavor to make policy decisions only after full discussion at publicly held board meetings;

 

3. Render all decisions based on the available facts and his or her independent judgment, and refuse to surrender that judgment to individuals or special interest groups;

 

4. Encourage the free expression of opinion by all board members, and seek systematic communication between the board and students, staff and all elements of the community;

 

5. Work with other board members to establish effective board policies and to delegate authority to the superintendent to administer the school district;

 

6. Communicate expressions of public reaction to the board policies and school program to other board members and the superintendent;

 

7. Learn about current educational issues by individual study and through participation in seminars and programs, such as those sponsored by the state and national school board associations;

 

8. Support the employment of those persons best qualified to serve as school staff, and insist on a regular and impartial evaluation of all staff;

 

9. Avoid being placed in a position of conflict of interest, and refrain from using the board member’s position on the board for personal or political gain;

 

10. Refrain from discussing the confidential business of the board in any setting except a board meeting;

 

11. Refrain from micro-managing the affairs of the school district;

 

12. Recognize the superintendent as the executive officer of the board;

 

13. Work constructively and collegially with the other members of the board, students, staff and patrons. 

 

14. Refer complaints to the superintendent or building principal, as appropriate;

 

15. Always be mindful of his/her fiduciary obligation to the school district, including duties of loyalty and care, by placing the interests of the district above the board member’s personal interests.

 

16. Remember that a board member’s first and greatest concern must be the educational welfare of the students attending this district’s schools.

 

Adopted on: 7-8-19

Revised on: _______________

Reviewed on: __4-12-21_____

 

2013

Violation of Board Ethics

 

The board of education is responsible for enforcing the code of ethics of its members.  If any member of the board commits a serious or repeated violation of the code, the board may take any of the following steps:

 

1. The board president may confer with the board member who has violated the code of ethics in order to:

 

1. 1. Identify the provision of the code that the member has violated;

 

1. 2. Propose how the member can remedy the violation;

 

1. 3. If the board member who violated the code is the board president, the vice president is empowered to confer with the president about the violation.

 

2. The board may discuss the violation as an agenda item at a meeting to confront the offending board member.  However, the board will not enter closed session to hold the discussion of the ethics violation unless the Open Meetings Act authorizes a closed session.

 

3. The board may vote to publicly censure any board member who commits a serious or repeated violation of the code.  The board will pass a censure motion to inform the community that an individual member of the board is not fulfilling the responsibilities for which he or she was elected.

 

Adopted on: 7-8-19

Revised on: _______________

Reviewed on: __4-12-21_____

 

2014

Relationship with District Legal Counsel

 

The board will engage legal counsel to assist it and the administration in dealing with legal issues.  When the district faces circumstances in which legal counsel may be needed between board meetings, the board president or superintendent may engage legal counsel on the board’s behalf.

 

The superintendent and the board president shall have the authority to contact the school’s legal counsel on behalf of the district.  The superintendent may give other members of the administration permission to contact the district’s legal counsel on an as-needed basis.  Individual board members other than the president may not contact the district’s legal counsel on behalf of the board without the approval of the board president or a majority of the board. 

 

Any board member who contacts the district’s legal counsel without board approval may be personally responsible for any legal fees incurred as a result of the unapproved contact.

 

The superintendent will, to the extent permitted by law, keep the board informed of matters in which the district’s legal counsel is involved.

 

Adopted on: 7-8-19

Revised on: _______________

Reviewed on: ___4-12-21_____

 

2015

STUDENT MEMBER OF SCHOOL BOARD

 

In order to provide the School Board with a greater insight into student activities, programs, and needs; and to encourage student involvement in school district governance activities the board may allow one nonvoting student member(s) on the Board of Education. The role of student member is advisory.  The board shall decide whether to have a student member at its regular May board meeting or at such other meeting determined by the board. 

 

Selection and Term of Student Member

 

The student member shall be the student body or student council president, the senior class representative, or a representative elected from and by the entire student body, as designated by the voting members of the School Board.

 

The term of office will be one school year, beginning on September 1 and ending on June 1.

 

Student members will not participate in executive or closed sessions.

 

Guidelines

 

Student members may not introduce motions.

 

Student members are expected to attend all public meetings of the Board and can be appointed to committees of the Board at the discretion of the president.

 

The president of the board, in consultation with the Superintendent of Schools, has the right to bar the participation of a student member at the board's discretion.  The decision of the board president is final and is not subject to review. 

 

Adopted on: 7-8-19

Revised on: _________________________

Reviewed on: ____4-12-21___________

 

2016

Participation in Insurance Program by Board Members

 

Members of board of education may participate in the school district’s health and life insurance plans which are provided to school district employees. A board member electing to participate in the insurance program of the school district shall pay both the employee and the employer portions of the premiums to the district in advance of any payments being due from the district to the insurance carrier.

 

Every three months, the board will place on its agenda a report identifying the board members who have elected to purchase insurance coverage through the district.  This report will shall be made available in the school district office for review by the public upon request.

 

Adopted on: 7-8-19

Revised on: _________________________

Reviewed on: ______4-12-21__________

 

2017

Indemnification and Liability Insurance

 

In addition to circumstances where it is obligated to provide indemnity or procure insurance, the school board has broad authority to purchase insurance or otherwise indemnify school board members, officers, employees, or agents of the school district.  The school board will purchase liability insurance and provide indemnification at its discretion and review its current coverages and indemnification obligations when it deems appropriate.

 

In the event the school district’s current insurance, indemnification agreements, contract obligations, or other promises to indemnify do not cover a situation which the school board can agree to cover, the school board may authorize indemnification.  The school board may elect to indemnify any board member, officer, agent, or employee if he or she is a party or is threatened to be made a party in any pending or completed suit, proceeding, or any other action, whether criminal, civil, administrative, or investigative, if the individual is involved because of current or past service on the board, employment, or agency relationship with the school district.  However, the indemnification and defense will only be considered if such person acted in good faith and in a manner he or she reasonably believed to be in the best interests or not opposed to the best interests of the school district, including in a criminal proceeding if he or she had no reasonable cause to believe the conduct was unlawful.

 

In circumstances involving employees, the board delegates to the Superintendent the authority to provide the indemnification to the extent the Superintendent is authorized to procure legal services, as long as the indemnification is otherwise consistent with the authority granted under the law.

 

 

Adopted on: 7-8-19

Revised on: _______________

Reviewed on: ___4-12-21_____