2120 – School Board Legal Status


Section 1, Article VII, of the Nebraska Constitution provides as follows:  "The legislature shall provide for the free instruction in the common schools of this state for all persons between the ages of 5 and 21 years.  The legislature may provide for the education of other persons in educational institutions owned and controlled by the state or a political subdivision thereof." The state legislature fulfills this responsibility by enacting laws to regulate the schools, providing a portion of the funds needed for operating the schools, and delegating the immediate control of the schools to the Board of Education elected within the local school district.

The School Board is an agency of the state with powers delegated to it by the legislature. In all cases where the state laws do not provide or prohibit, the Board will establish and appraise the educational activities of the district, responsive to the desires of the majority of the citizens of the district.

Legal Reference:
Neb. const. art. VII, sec. 1

Policy Adopted 3/1/76
Policy Approved 7/8/91
Policy Revised  10-13-05
Policy Reviewed: 04.12.2018