K-12 Governance Structures: State Profile

K-12 Governance Structures: State Profile - Nebraska

November 2017


Data are collected using publicly available state constitutional language and state statutes. Updated as of Nov. 1, 2017.
 

Governor
What constitutional or statutory duties does the governor have as it relates to education? The supreme executive power shall be vested in the governor, who shall take care that the laws be faithfully executed and the affairs of the state efficiently and economically administered.

Every bill passed by the legislature, before it becomes law, shall be presented to the governor. If he approves he shall sign it, but if he does not approve or reduces any item(s) of appropriations, he shall return it with his objections to the legislature. The governor may disapprove or reduce any item or items of appropriation contained in bills passed by the legislature.
What is the appointment authority provided to the governor in education? N/A
Are the governor’s duties and powers and found in the state constitution? No
Are the governor’s duties and powers and found in the state statute? No
Citation Ne.Rev.St. CONST. Art. IV, § 6
Ne.Rev.St. CONST. Art. IV, § 15
Legislature
What constitutional or statutory powers does the legislature have as it relates to education policy? The legislative authority of the state shall be vested in a legislature consisting of one chamber.

The legislature shall pass all laws necessary to carry into effect the provisions of the state constitution.

The legislature shall provide for the free instruction in the common schools of this state of all persons between the ages of five 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 legislature shall prescribe the powers and duties of the state board of education.

The general management of all lands set apart for educational purposes shall be vested under the direction of the legislature.

The legislature may use funds arising from perpetual funds, income from unsold school lands, all other grants or gifts that are made to the state, or other support as the legislature provides for early childhood education.

The legislature may provide by law for the establishment of a school or schools for the safe keeping, education, employment, and reformation of all children under the age of 18 years who, for want of proper parental care, or other cause, are growing up in mendicancy or crime.
What is the appointment or confirmation authority of the legislature in education? N/A
Which committees in the legislature have jurisdiction over education issues? Standing:
Education
Constitutional? Yes
Statutory? No
Citations Ne.Rev.St. CONST. Art. III, § 1
Ne.Rev.St. CONST. Art. III, § 30
Ne.Rev.St. CONST. Art. VII, § 1
Ne.Rev.St. CONST. Art. VII, § 3
Ne.Rev.St. CONST. Art. VII, § 6
Ne.Rev.St. CONST. Art. VII, § 9
Ne.Rev.St. CONST. Art. VII, § 12
Chief State School Officer
What are the duties of the chief state officer? The commissioner of education is the executive officer of the state board of education.

The commissioner shall:

-Keep the board currently informed and advised on the operation and status of all aspects of the educational program of the state.

-Prepare a budget including the maintenance and operation of the department of education.

-Be responsible for promoting the efficiency, welfare, and improvement in the school system in the state and for recommending to the board such policies.

-Promote educational improvement.

-Issue teacher certification according to the law.

-Attend or designate a representative to attend all the meetings of the state board.
What constitutional or statutory authority does the chief state school officer have as it relates to education policy? The commissioner of education shall have the authority to:

-Delegate administrative and supervisory functions to the members of the staff of the department.

-Establish and maintain an appropriate system of personnel administration for the department.

-Prescribe administrative rules and regulations as are necessary for proper execution of duties.

-Perform all duties prescribed by the legislature in accordance with the policies adopted by the state board of education.

-Faithfully execute the policies and directives of the state board of education.
How is the chief state school officer selected? The commissioner of education is appointed by the state board of education.
Constitutional? Yes
Statutory? Yes
Citation Ne.Rev.St. CONST. Art. VII, § 4
Neb.Rev.St. § 79-305
Neb.Rev.St. § 79-306
State Board of Education
What constitutional or statutory powers and duties does the state board of education have as it relates to education policy? The state board of education's powers and duties are prescribed by the legislature.

The state board of education, acting as a unit, shall be the policy-forming, planning, and evaluative body for the state school program.

The state board of education shall:

-Appoint and fix the compensation of the commissioner of education.

-Oversee the commissioner's performance.

-Appoint and fix the compensation of all new professionals in the department with the advice of the commissioner.

-Organize the state department of education into divisions, branches, and sections as may be necessary to perform its duties and functions.

-Provide enlightened professional leadership, guidance, and supervision of the state school system.

-Adopt and promulgate rules and regulations for the guidance, supervision, accreditation, and coordination, of educational service units.

-Make studies, investigations, and reports and assemble information as necessary for the formulation of policies.

-Submit a budget to the governor and legislature.

-Adopt standards for school vehicles that transport children.

-Administer the Interstate Compact on Educational Opportunity for Military Children.
What is the composition of the state board of education? The state board of education is composed of eight members, who shall be from eight districts substantially equal in population as provided by the legislature.
How are members of the state board of education selected? Members of the state board of education are elected.
Constitutional? Yes
Statutory? Yes
Citation Ne.Rev.St. CONST. Art. VII, § 3
Neb.Rev.St. § 79-301
Neb.Rev.St. § 79-318
Neb.Rev.St. § 79-311
Executive-Level Secretary
Does the state have an executive-level secretary? The commissioner of education shall be the secretary to the state board of education.
What other duties does the executive-level secretary have? N/A
Constitutional? No
Statutory? Yes
Citation Neb.Rev.St. § 79-315

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