Article 1  Bylaws of the Board of Education

1000                        Role and Membership of Board of Education

1050                        School Board Powers and Duties

1100                        School District Organization

1100                        Community Use of Facilities

1100                        Application for Use Form                                                                         

1200                        Membership of the Board of Education, Term, and Vacancy           

1300                        Officers of the Board of Education                                                           

1400                        Special Appointments by the Board of Education

1401                        Board of Education Attorney, Description of Duties

1450                        Board of Education Auditor,  Description of Duties
                                                           
1500                        Methods of Operation

1501                        Legal Name and Identification

1505                        Proposed Adoptions, Amendments of Bylaws, Policies, & Procedures

1507                        Adoption and Amendment of Administrative Policies and Procedures

1509                        Suspension of Policies, Procedures, Bylaws, and Regulations

1510                        Conduct of Regular Meeting

1512                        Quorum

1515                        Time for Regular Meeting

1520                        Board of Education – Regular Meeting Agenda

1530                        Board of Education – Special Meeting
                       
1540                        Board of Education Meetings Open to the Public

1550                        Board of Education Meetings Agenda
                       
1600                        Addressing Complaints from the Community

1610                        Board of Education addressing a Complaint – As a Board

1620                        Board of Education addressing a Complaint – As an Individual Member of the board

1700                        Minutes of the Board of Education

1800                        Board of Education Reports

1900                        Receiving Report

Article 1  Bylaws of the Board of Education

ROLE OF BOARD AND MEMBERS

Introductory Statement                                                                                               
1000           

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

The board of education shall carry out the duties imposed on it as authorized by the laws and statutes of the State of Nebraska.  It shall also determine policies and procedures which are for the purpose of providing the best schools and educational programs for pupils of the district.

Legal Reference
§ 79-501 – 5,108 Classification, boundaries, name, body corporate, powers, and elections

Bylaw Adopted                        6/12/05
Replaces                       

School Board Powers and Duties                                                                                   
1050           

The Wynot Board of Education considers its most important functions fall into the following categories:

Policy Making.  The board is responsible for the development of policy and procedures for the Wynot School District. 

Reference  -  § 79-501 – 524

Planning and Appraisal.  The board is responsible for acquiring reliable information from sources which will enable it to make decisions about the scope and nature of the educational program.  The board shall require evaluation and assessment of the educational program to be made on a consistent and timely basis; the assessment reporting will be made to the board at a regular scheduled meeting.

Reference  -  § 79-501 – 524

Staffing and Appraisal.  The board is responsible for employing staff necessary for carrying out the instructional program; it shall establish salaries, salary schedules, terms and conditions of employment for all personnel employed by the school district.  The board is responsible for appraising the effectiveness of its staff by providing for their regular evaluation. 

Reference  -  § 79-501 – 524

Finance.  The board is responsible for exercising control over the finances of the Wynot Public Schools District.  The board adopts a budget that provides the means for carrying out the educational program for the school district.  The board monitors the use, the expenditures, and the accounting of all funds utilized for the maintenance of the school district; this includes funding for personnel, instructional program, and facilities.

Reference  -  § 79-501 – 524

Facilities.  The board is responsible for determining present and future needs to house the current instructional program, to communicate these needs to the community, and to approve building plans that would support and / or enhance the educational program.

Reference  -  § 79-501 – 524

Communications.  The board is responsible for providing adequate and direct means for keeping the local citizenry informed about the function, activity, and plans of the Wynot Board of Education.

Reference  -  § 79-501 – 524

Judicial.  The board may act as a court of appeal for school staff members, students and the public when issues involving board policy and the implementation of these policies.

Reference  -  § 79-501 – 524

Bylaw Adopted                        1/16/06
Replaces                       

ORGANIZATION AND ELECTION OF OFFICIALS           

School District Organization                                                                                               
1100           

The corporate and legal name of this school district shall be the Cedar County School District No. 101.  It shall also be known as the Wynot Public Schools (14-0101-000) of Wynot, Nebraska.  The school district is designated as a Class III school district.

Legal Reference           
§ 79-501 - 524 School district, classification, school districts,
§ 79-525 - 539 number district, body corporate, powers,
§ 79-540 – 5,108 name Classification, boundaries, name, body, corporate, powers, control over property, annexed, school district territory, negotiation, election, questions on ballot

Bylaw Adopted                        6/12/05
Replaces                       

NUMBER OF MEMBERS, TERMS OF OFFICE, AND VACANCIES

Members, Term, and Vacancy                                                                                               
1200           

Membership.  The board of education shall be composed of six members and their terms of office shall be overlapping as set forth in Nebraska statutes.

Vacancy.  Any vacancy on the board resulting from any cause other than the expiration of a term shall be temporarily filled by appointment.  The appointment shall be made at the following board of education meeting.  The appointment shall be a legally qualified person to hold that position.  The appointment shall be made following a discussion and vote by the remaining members of the board of education. 

Term of Office.  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.

Legal Reference           
§ 79-543 Board member qualification
§ 79-545 board vacancy  
§ 79-565 elections 

Bylaw Adopted                        6/12/05
Replaces                       

OFFICERS OF THE BOARD OF EDUCATION

Members, Term, and Vacancy                                                                                               
1300           

General.  The board of education shall hold its regular, annual organizational meeting in January at which time it will elect its officers for the coming academic year.

President.  The president shall preside at all meetings, shall appoint committees, perform all other duties prescribed by law or by the board, shall have the right to offer motions or resolutions, to discuss and to vote thereon.

The president, in conjunction with the secretary and  treasurer, shall sign all warrants drawn on the general fund, the site or building fund, and the environmental or accessibility fund.

Vice President.  The vice-president shall perform the duties of the president in his/her absence.

Secretary.  The secretary shall keep an accurate record of all board of education business in the school minutes.  He/she shall sign all papers that require the signature of the board of education and shall see that all records of the school district are safely maintained.

Treasurer.  The duties of the treasurer shall be as follows:

The treasurer shall apply for and receive from the county treasurer all school monies apportioned to the district and deposit the same in proper accounts.

The treasurer shall collect all other monies received by the district and deposit the same in proper accounts.

The secretary and treasurer shall co-sign, with the president, all warrants drawn on the general fund, the site or building fund, and the environmental hazards or accessibility fund.

The treasurer shall keep such records, make such records, and present budget information as necessary.

The treasurer shall possess a surety bond for the tenure of service.

Legal Reference           
§ 79-543 Board member qualification
§ 79-545 board vacancy  
§ 79-565 elections 

Bylaw Adopted                        7/14/05
Replaces                       

SPECIAL APPOINTMENTS OF THE BOARD OF EDUCATION           

Description of Duties                                                                                                               
1400           

1400 General.  The board of education may, at its discretion, appoint individuals to perform specific services. 

1410  Attorney

1450  Auditor

Legal Reference           
§ 79-513 Legal services, payment authorized.                                   
                                   
Bylaw Adopted                        6/12/05
Replaces                       

SPECIAL APPOINTMENTS OF THE BOARD OF EDUCATION           

Attorney  -  Description of Duties                                                                                   
1410           

1410 General.  The board of education may, at its discretion, appoint an attorney to perform desired legal services.

1420 Term.  The attorney shall serve at the pleasure of the board of education.

1430  Compensation.  The attorney shall be compensated at a mutually agreeable rate.

Legal Reference           
§ 79-513 Legal services, payment authorized.
                                     
Bylaw Adopted                        7/14/05
Replaces                       

SPECIAL APPOINTMENTS BY THE BOARD OF EDUCATION           

Auditor  -  Description of Duties                                                                                   
1450           

General.  The board of education shall have an annual, independent audit of all accounts maintained and administered by the school district.

1455 Term.  The board of education shall contract only with state-approved auditors and their
         analysis and report will be in keeping with state approved or accepted standards.

1457  Compensation.  The audit/auditor shall be compensated at a mutually agreeable rate.

Legal Reference           
§ 79-525 Audit by certified public accountant

Bylaw Adopted                        6/12/05
Replaces                     

METHODS OF OPERATION

Legal Name and Identification                                                                                                   
1500           

The corporate and legal name of this school district shall be the Cedar County School District No. 101.  It shall also be known as the Wynot Public Schools (14-0101) of Wynot, Nebraska.  The school district is designated as a Class III school district.

Legal Reference           
§ 79-102 School district, classification, school districts,
§ 79-307 number district, body corporate, powers,
§ 79-405 name
Classification, boundaries, name, body, corporate, powers, control over property, annexed, school district territory, negotiation, election, questions on ballot

Bylaw Adopted                        7/14/05
Replaces                      

METHODS OF OPERATION

Proposed Adoptions and Amendments of Bylaws, Policies, and Procedures                       
1505           

Proposed bylaws, policies, procedures and suggested amendments to, or revisions of, existing bylaws and policies may be adopted by a majority vote of the board of education (four members) after the proposal has been considered at two scheduled meetings of the board of education.

The proposed additions, amendments, or revisions must be presented in written form before consideration by the board of education.  The formal adoption of policies and bylaws shall be recorded in the minutes of the board of education.  Only those written statements so adopted and so recorded shall be regarded as official board policy and procedure.

Reference            Roberts Rules of Order

Bylaw Adopted                        6/12/05
Replaces                       

METHODS OF OPERATION

Adoption and Amendment of Administrative Policies and Procedures                       
1507           

The board of education reserves the right to review and demand revisions of administrative regulations, policies, and procedures should these, in the judgment of the board of education, be inconsistent with the policies and procedures adopted by the board of education.

Legal Reference           
§ 79-528 - 528 Board of education, selection of officers, rules and regulations

Bylaw Adopted                        6/12/05
Replaces                       

METHODS OF OPERATION

Suspension of Policies, Procedures, Bylaws, and Regulations                                       
1509           

Policies, procedures, bylaws, and board-adopted regulations shall be subject to suspension for a specified purpose and a limited time by an approval of FOUR members of the board of education

Reference - Roberts Rule of Order

Bylaw Adopted                        6/12/05
Replaces                      

METHODS OF OPERATION

Conduct of Regular Meeting                                                                                               
1510           

1510.  General.  The Rules of parliamentary procedure as embodied in Robert’s Rules of Order shall govern the board of education in its deliberations when the issue in question is not covered by these policies, procedures, and bylaws.

Legal Reference           
§ 79-553 - 563Meetings, minutes, roll call vote, secret ballot
             
Other Reference - Robert’s Rule of Order

Bylaw Adopted                        6/12/05
Replaces                                   

METHODS OF OPERATION

Quorum                                                                                                                           
1512           

1512.  General.  A majority of the members of the board of education 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 by these bylaws and policies.

1513.  Motion.  All motions affecting the employment terms of any employee must have the vote of at least four members of the board of education to be valid.

Legal Reference           
§ 79-554 - 563 Board of education, quorum, meetings, open to public, exceptions

Bylaw Adopted                        6/12/05
Replaces                                   

METHODS OF OPERATION

Time for Regular Meeting                                                                                               
1515           

1515.  General.  Regular meetings will be held the second Thursday following the first Monday of each month at 8:00 PM. 

1516.  Special Meeting.  Special meetings may be called by the president of the board of education, or by two members of the board of education with given notice to all members. 

1517.  Meeting Place.  All meetings will be held in the school buildings of the Wynot Public Schools.

Legal Reference           
§ 79-554 - 563  School district, classification, school districts,number district, body corporate, powers,
Classification, boundaries, name, body, corporate, powers, control over property, annexed, school district territory, negotiation, election, questions on ballot

Bylaw Adopted                        6/12/05
Replaces                                   

METHODS OF OPERATION

Board of Education Meeting                                                                                               
1520           

General.  The order of business, at regular meetings, shall be:

Call meeting to order

Approval of minutes of previous meeting, or special meeting

Treasurer’s report

Action of bills presented for payment.

With approval of board of education, receive reports from school personnel, faculty committees, or community groups, individuals and custodians.  The time allotted should not exceed 15 minutes each.

Consideration of matters pending before the board.

Presentation of new items for board of education consideration by superintendent, or board of education members.

Adjournment.

Legal Reference           
§ 79-554 - 563  School district, classification, school districts, number district, body corporate, powers, Classification, boundaries, name, body, corporate, powers, control over property, annexed, school district territory, negotiation, election, questions on ballot

Bylaw Adopted                        7/14/05
Replaces                                   

METHODS OF OPERATION

Board of Education  -  Special Meeting                                                                       
1530           

1530  General.  Unless altered by the board of education, the creed of business, at a special meeting shall be:

A.  Statement of purpose of meeting.

Consideration of items for which meeting was called.

C.  Adjournment

Legal Reference           
§ 79-554 - 563                       
             
Bylaw Adopted                        6/12/05
Replaces                                   

METHODS OF OPERATION

Board of Education  - Executive Sessions, or Special Sessions.                                   
1535           

General.  All meetings of the board of education shall be open to the public unless the board of education votes to adjourn to an Executive Session, or a Special Session.

Closed sessions may be held for the protection of the public interest.  An executive session is to explore an affirmative vote of a majority of the board of education members; it is a session which clearly is necessary for the protection of the public interest, or for the prevention of needless injury to the reputation of an individual.  This is also to be considered even if such individual has not requested a public meeting. 

Executive sessions, closed or special sessions, may be held for, but shall not be limited to the following reasons:

strategy sessions with respect to collective bargaining, real estate purchases, or litigation.
discussion regarding deployment of security personnel or devices.
Investigative proceedings regarding allegations of criminal misconduct.
the protection of the school, school district, or education personnel from injury to public reputation.
the protection and prevention of needless injury to the reputation of an individual, or individuals.
other items as may be determined by the board of education in the interest of the board of education, the school district, and the education personnel.

Voting for an Executive session, or closed session.  Any member of the board of education may request the board of education to go into Executive Session, or closed session.  When the member of the board of education has requested an Executive Session, or closed session, that action becomes the main motion on the floor.  It requires an immediate action from the entire board of education. 

The board of education, by a majority vote of those members present, shall vote in open session to go into an Executive Session, or closed session.  The purpose for the action shall be stated prior to the vote.  The board of education either (a) retires to a secluded conference area, or (b) request all personnel within the meeting room to be removed during the Executive Session, or closed session.  The superintendent sits during the Executive Session, or closed session, at the pleasure of the board of education.  No notes, or recording devices, may be used during the Executive Session, or closed session, for the purpose of recording the meeting.

Action following Executive Session, or closed session.  When the board of education has concluded discussions during Executive Session, or closed session, it is the responsibility of the president of the board of education to announce to all present that the board of education has concluded the Executive Session, or closed session.  This action requires a majority vote of those members present that the board has ended the Executive Session, or closed session.  Any discussions requiring a decision by the board must be made in an open meeting of the board of education.  The board of education may not conduct any business of the board of education while in Executive Session, or closed session.

METHODS OF OPERATION

Board of Education  - Executive Sessions, or Special Sessions.                                   
1535           

Legal Reference           
§ 79-554  School board or board of education, quorum, Meetings, open to public, exceptions.
§ 79-555  Board of education, meetings, when held, publication of claims and summary of proceedings, exceptions.,           
§ 84-1410  Closed sessions, when, purpose, reasons listed,
§ 84-1413  vote to hold closed sessions, recorded,
meetings of public body, notice, contents, when available, right to modify, duties concerning notice, emergency meetings without notice, right to attend, rules and regulations regarding conduct, opportunity to be heard, roll call vote, elect officers, secret ballot, minutes in public recorded, when available.

Other Reference            Robert’s Rule of Order

Bylaw Adopted                        6/12/05
Replaces                       

METHODS OF OPERATION

Board of Education Meetings Open to the Public                                                               
1540           

General.  All regular and special meetings of the board of education shall be open to the residents of the district. 

Exceptions.  Meetings for the hiring of the administrator and instructional staff members for the ensuing year and meetings for the administration reports of teacher evaluations.

Legal Reference           
§ 79-554 - 563                       

Bylaw Adopted                        6/14/05
Replaces                                   

METHODS OF OPERATION

Board of Education Meetings Agenda                                                                                       
1550           

1550  General.  An agenda will be kept current in the business office and is available for inspection during regular school hours.

1555  Items for Agenda.  Items to be placed on the agenda for consideration at the regular meeting must be presented at least three days previous to the meeting.

1557  Modification of Agenda.  The agenda may be modified at the regular scheduled meeting of the board of education.

Legal Reference           
§ 79-554 - 563                       
                       
Bylaw Adopted                        7/14/05
Replaces                                 

METHODS OF OPERATION

Addressing Complaints from the Community                                                                           
1600
           
The board of education shall address complaints from the community in two methods – formal and informal.

1610  Board of Education addressing a complaint  - as a board

1620  Board of Education addressing a complaint – as an individual member of the board

Bylaw Adopted                        6/14/05
Replaces                       

METHODS OF OPERATION

Addressing Complaints from the Community – as a board                                                   
1610

Bylaw Adopted                        6/14/05
Replaces                                   

METHODS OF OPERATION

Addressing Complaints from the Community - as an individual member of the board 
1620
           
When a member of the board of education is approached by a citizen, parent, student, or employee of the school district about a concern, or a complaint, the board member should:

listen quietly and with patience to the individual.  Try to determine the exact nature and/ or conditions of the concern or complaint.

encourage the individual to discuss the concern or complain with the school individual most directly involved (e.g., teacher, sponsor, coach, or administrator).

If that already has been done by the individual, encourage the individual to discuss the concern or complaint at the next level of supervision (e.g., supervisor, or administrator).

If the person has discussed the concern or complaint at all levels of supervision including with the superintendent of schools, the board member should ask the individual if he/she desires to have the board of education give consideration to the situation.  Such consideration must be supported by an audience with the board of education, or have a signed documentation of the concern or complaint.  That condition may be waived if the concern or complaint is stated generally by the public and more than one member of the board of education concurs in the generality of the concern or complaint.

Any solution or reaction to the concern or complaint by a board member shall be based upon written and stated policy of the board of education or administrative rules or regulations developed to carry out that policy.

Should the board member feel that the concern or complaint stated by a person be conveyed to school personnel, the board member should recommend that the person first begin with the office of the superintendent of schools.

Bylaw Adopted                        6/14/05
Replaces                       

METHODS OF OPERATION

Minutes of the Board of Education                                                                                       
1700

The minutes of each regular Board of Education meeting and any Special Meeting will be stored and maintained in the business office of the school building.  The minutes will be published in the Cedar County News, the board’s designated publication.  The minutes are also available for viewing in the business office of the school building.

Bylaw Adopted                        7/14/05
Replaces                                   

METHODS OF OPERATION

Board of Education Reports                                                                                                   
1800

The Board of Education shall authorize the President to appoint Special Committees.  Special committees to be appointed annually shall be:  Americanism, textbooks, transportation, and Negotiations.  Each Committee shall have at least two (2) members.  Committee Reports will be submitted at the discretion of the board as the need arises.  Said reports are to be documented within the minutes and retained on file in the business office of the school building.

Bylaw Adopted                        7/14/05
Replaces                                   

METHODS OF OPERATION

Receiving Reports                                                                                                               
1900

The Wynot Board of Education, when not in session, shall have the superintendent, or designee act on its behalf.  Any reports submitted by Special Committee are to be submitted to the superintendent who will then place the committee report on the next Board of Education’s regular meeting agenda.

Bylaw Adopted                        7/14/05
Replaces