72-8205. Boards of education; meeting times; quorum; abstention from voting; general powers; legal counsel for officers and employees.
72-8205
72-8205. Boards of education; meeting times; quorum;abstention fromvoting; general powers; legal counsel for officers and employees.(a) The board shall meet at least once each month. Duringthemonth of July of each year, the board shall adopt a resolution specifyinga regular meeting time of the board andthe regular hour of commencement of the meeting, as well as the day ofthe week and the week of the month. Such resolution alsoshall specify the alternative date and time of any meeting if theregular meeting date occurs on a Sunday or on a legalholiday or on a holiday specified by the board. Suchresolution also shall specify the regular meeting place ofthe board andmay specify that any regular meeting may be adjourned to another timeand place.If the board cancels a regularly-scheduled meeting because of an emergency,within 24 hours of such cancellation, the board shall establish and give noticeof the new meeting date and time.Special meetings may be called at any time by the presidentof the board or by joint action of any three members of theboard. Unless waived,written notice, stating the time and place of any special meeting andthe purpose for which called shall begiven each memberof the board at least two days in advance of the specialmeeting and nobusiness other than that stated in the notice shall be transacted atsuch meeting. A majority of the full membership of the board shallconstitute a quorum for the purpose of conducting any business of theschool district, and the vote of a majority of the full membership ofthe board shall be required for the passage of any motion or resolution.Any member who abstains from voting shall be counted as having voted againstthemotion or resolution. If a member announces a conflict of interest withregard to the issue, the member may leave the meeting until the voting on theissue isconcluded and the member who abstains from voting thereby shall not be countedas having voted.
(b) Except as otherwise provided bylaw, the board shallhave and may exercise the same powers and authorities as wereimmediately prior to this act conferred uniformly upon boards ofeducation in cities of the first class, and, in addition thereto, thepowers and authority expressly conferred by law.
(c) The board shall haveauthority to prescribe courses of study for each year of the schoolprogram and to adopt rules and regulations for teachingin the schooldistrict and general government thereof, and to approve and adoptsuitable textbooks and study material for use therein subject to theplans, methods, rules and regulationsof thestate board of education.
(d) The board may provide legal counsel atdistrict expense to any members of the board of education, or schooldistrict officers or employees who are sued in situations relating toand arising out of the performance of their office or employment. No teacheror other employment contract shall makereference to or incorporate the provisions of this subsection,nor shallthe provisions of this subsection be construed as any part of theconsideration of employment of any teacher, officer or other employee ofthe board.
(e) (1) The board may transact all school district business and adoptpolicies that the board deems appropriate to perform its constitutional duty tomaintain, develop and operate local public schools.
(2) The power granted by this subsection shall not be construed to relieve aboardfrom compliance with state law.
The power granted by this subsection shall not be construed to relieveany other unit of government of its duties and responsibilities which areprescribed by law, nor to create any responsibility on the part of a schooldistrict to assume the duties or responsibilities which are required of anotherunit of government.
(3) The board shall exercise the power granted by thissubsection by resolution of the board of education.
History: L. 1963, ch. 393, § 21; L. 1965, ch. 410, § 15;L.1968, ch. 209, § 1; L. 1981, ch. 293, § 1;L. 2003, ch. 40, § 1;L. 2003, ch. 158, § 8; July 1.