79-318 State Board of Education; powers; duties.
79-318. State Board ofEducation; powers; duties.The State Board of Educationshall:(1) Appoint and fix the compensation of the Commissioner ofEducation;(2) Remove the commissioner from office at any time for convictionof any crime involving moral turpitude or felonious act, for inefficiency,or for willful and continuous disregard of his or her duties as commissioneror of the directives of the board;(3) Upon recommendation of the commissioner, appoint and fixthe compensation of a deputy commissioner and all professional employees ofthe board;(4) Organize the State Department of Education into such divisions,branches, or sections as may be necessary or desirable to perform all itsproper functions and to render maximum service to the board and to the stateschool system;(5) Provide, through the commissioner and his or her professionalstaff, enlightened professional leadership, guidance, and supervision of thestate school system, including educational service units. In order that thecommissioner and his or her staff may carry out their duties, the board shall,through the commissioner: (a) Provide supervisory and consultation servicesto the schools of the state; (b) issue materials helpful in the development,maintenance, and improvement of educational facilities and programs; (c) establishrules and regulations which govern standards and procedures for the approvaland legal operation of all schools in the state and for the accreditationof all schools requesting state accreditation. All public, private, denominational,or parochial schools shall either comply with the accreditation or approvalrequirements prescribed in this section and section 79-703 or, for those schoolswhich elect not to meet accreditation or approval requirements, the requirementsprescribed in subsections (2) through (6) of section 79-1601. Standards andprocedures for approval and accreditation shall be based upon the programof studies, guidance services, the number and preparation of teachers in relationto the curriculum and enrollment, instructional materials and equipment, sciencefacilities and equipment, library facilities and materials, and health andsafety factors in buildings and grounds. Rules and regulations which governstandards and procedures for private, denominational, and parochial schoolswhich elect, pursuant to the procedures prescribed in subsections (2) through(6) of section 79-1601, not to meet state accreditation or approval requirementsshall be as described in such section; (d) institute a statewide system oftesting to determine the degree of achievement and accomplishment of all thestudents within the state's school systems if it determines such testing wouldbe advisable; (e) prescribe a uniform system of records and accounting forkeeping adequate educational and financial records, for gathering and reportingnecessary educational data, and for evaluating educational progress; (f) causeto be published laws, rules, and regulations governing the schools and theschool lands and funds with explanatory notes for the guidance of those chargedwith the administration of the schools of the state; (g) approve teacher educationprograms conducted in Nebraska postsecondary educational institutions designedfor the purpose of certificating teachers and administrators; (h) approve certificated-employee evaluation policies andprocedures developed by school districts and educational service units; and(i) approve general plans and adopt educational policies, standards, rules,and regulations for carrying out the board's responsibilities and those assignedto the State Department of Education by the Legislature;(6) Adopt and promulgate rules and regulations for the guidance,supervision, accreditation, and coordination of educational service units.Such rules and regulations for accreditation shall include, but not be limitedto, (a) a requirement that programs and services offered to school districtsby each educational service unit shall be evaluated on a regular basis, butnot less than every seven years, to assure that educational service unitsremain responsive to school district needs and (b) guidelines for the useand management of funds generated from the property tax levy and from othersources of revenue as may be available to the educational service units, toassure that public funds are used to accomplish the purposes and goals assignedto the educational service units by section 79-1204. The State Board of Educationshall establish procedures to encourage the coordination of activities amongeducational service units and to encourage effective and efficient educationalservice delivery on a statewide basis;(7) Submit a biennial report to the Governor and the Clerkof the Legislature covering the actions of the board, the operations of theState Department of Education, and the progress and needs of the schools andrecommend such legislation as may be necessary to satisfy these needs;(8) Prepare and distribute reports designed to acquaint schooldistrict officers, teachers, and patrons of the schools with the conditionsand needs of the schools;(9) Provide for consultation with professional educators andlay leaders for the purpose of securing advice deemed necessary in the formulationof policies and in the effectual discharge of its duties;(10) Make studies, investigations, and reports and assembleinformation as necessary for the formulation of policies, for making plans,for evaluating the state school program, and for making essential and adequatereports;(11) Submit to the Governor and the Legislature a budget necessaryto finance the state school program under its jurisdiction, including theinternal operation and maintenance of the State Department of Education;(12) Interpret its own policies, standards, rules, and regulationsand, upon reasonable request, hear complaints and disputes arising therefrom;(13) With the advice of the Department of Motor Vehicles,adopt and promulgate rules and regulations containing reasonable standards,not inconsistent with existing statutes, governing: (a) The general design,equipment, color, operation, and maintenance of any vehicle with a manufacturer'srated seating capacity of eleven or more passengers used for the transportationof public, private, denominational, or parochial school students; and (b)the equipment, operation, and maintenance of any vehicle with a capacity often or less passengers used for the transportation of public, private, denominational,or parochial school students, when such vehicles are owned, operated, or ownedand operated by any public, private, denominational, or parochial school orprivately owned or operated under contract with any such school in this state,except for vehicles owned by individuals operating a school which elects pursuantto section 79-1601 not to meet accreditation or approval requirements. Similarrules and regulations shall be adopted and promulgated for operators of suchvehicles as provided in section 79-607;(14) Accept, on behalf of the Nebraska Center for the Educationof Children who are Blind or Visually Impaired, devises of real property ordonations or bequests of other property, or both, if in its judgment any suchdevise, donation, or bequest is for the best interest of the center or thestudents receiving services from the center, or both, and irrigate or otherwiseimprove any such real estate when in the board's judgment it would be advisableto do so; and(15) Upon acceptance of any devise, donation, or bequest asprovided in this section, administer and carry out such devise, donation,or bequest in accordance with the terms and conditions thereof. If not prohibitedby the terms and conditions of any such devise, donation, or bequest, theboard may sell, convey, exchange, or lease property so devised, donated, orbequeathed upon such terms and conditions as it deems best and remit all moneyderived from any such sale or lease to the State Treasurer for credit to theState Department of Education Trust Fund.Each member of the Legislature shall receive a copy of thereport required by subdivision (7) of this section by making a request forit to the commissioner.None of the duties prescribed in this section shall preventthe board from exercising such other duties as in its judgment may be necessaryfor the proper and legal exercise of its obligations. SourceLaws 1953, c. 320, § 8, p. 1056; Laws 1955, c. 306, § 1, p. 947; Laws 1959, c. 383, § 1, p. 1328; Laws 1967, c. 528, § 2, p. 1753; Laws 1969, c. 707, § 2, p. 2712; Laws 1969, c. 708, § 1, p. 2716; Laws 1971, LB 292, § 5; Laws 1974, LB 863, § 8; Laws 1977, LB 205, § 1; Laws 1979, LB 322, § 37; Laws 1981, LB 316, § 1; Laws 1981, LB 545, § 27; Laws 1984, LB 928, § 2; Laws 1984, LB 994, § 6; Laws 1986, LB 1177, § 36; Laws 1987, LB 688, § 11; Laws 1989, LB 15, § 1; Laws 1989, LB 285, § 141; Laws 1990, LB 980, § 34; Laws 1994, LB 858, § 3; R.S.1943, (1994), § 79-328; Laws 1996, LB 900, § 146; Laws 1999, LB 813, § 6; Laws 2009, LB549, § 18; Laws 2010, LB1071, § 5.Operative Date: April 15, 2010 Cross ReferencesGifts, devises, and bequests, loans to needy students, see section 79-2,106.Private, denominational, or parochial schools, election not to meet approval or accreditation requirements, see section 79-1601. AnnotationsThe state, having a high responsibility for the education of its citizens, has the power to impose reasonable regulations for the control and duration of basic education. Parents have a right to send their children to private schools but do not have the right to be completely unfettered by reasonable government regulations as to the quality of the education furnished and the maintenance of minimum standards. State ex rel. Douglas v. Faith Baptist Church of Louisville, 207 Neb. 802, 301 N.W.2d 571 (1981).Adequate standards are provided by this section to authorize transfer of land from a nonaccredited to an accredited high school district. De Jonge v. School Dist. of Bloomington, 179 Neb. 539, 139 N.W.2d 296 (1966).Matters to be considered in promulgating rules and regulations are specified. School Dist. No. 8 of Sherman County v. State Board of Education, 176 Neb. 722, 127 N.W.2d 458 (1964).Standards were not effective until filed with Secretary of State. School Dist. No. 228 of Holt County v. State Board of Education, 164 Neb. 148, 82 N.W.2d 8 (1957).This section was not applicable to supply standards in cases arising before its enactment. School Dist. No. 39 of Washington County v. Decker, 159 Neb. 693, 68 N.W.2d 354 (1955).