79-526. Class I, II, III, or IV school district; school board; schools; supervision and control; powers.

567 words·~3 min read·/ne/chapter-79/79-526

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The school board or board of education of a Class I, II, III, or IV school district has responsibility for the general care and upkeep of the schools, shall provide the necessary supplies and equipment, and, except as otherwise provided, has the power to cause pupils to be taught in such branches and classified in such grades or departments as may seem best adapted to a course of study which the board shall establish with the consent and advice of the State Department of Education. The board shall make provision for pupils that may enter at any time during the school year. The board shall have a record kept of the advancement of all pupils in each branch of study. The board shall make rules and regulations as it deems necessary for the government and health of the pupils and devise any means as may seem best to secure the regular attendance and progress of children at school.

(2)The school board may make expenditures for supplies, equipment, travel, meals, and lodging for school programs and activities, including extracurricular and interscholastic activities, appropriate for the benefit, government, and health of pupils enrolled in the school district.

This section (formerly section 79-443) gives a school district the power to provide necessary appendages to the schoolhouse and to secure the regular attendance of students at school; necessarily implied in this section is the power to construct an access road when the only party in a position to build the road in the necessary timeframe is the school district. Robertson v. School Dist. No. 17 of Douglas County, 252 Neb. 103, 560 N.W.2d 469 (1997).

In devising such means as may seem best to secure the regular attendance and progress of children at school, a school board may choose to provide bus transportation. School Dist. of Waterloo v. Hutchinson, 244 Neb. 665, 508 N.W.2d 832 (1993).

This section imposes no duty on school boards to provide actual bus service to students. Warren v. Papillion School Dist. No. 27, 199 Neb. 410, 259 N.W.2d 281 (1977).

Board of education had power to provide for busing, but duty to do so was not imposed and mandamus not warranted. Connot v. Monroe, 193 Neb. 453, 227 N.W.2d 827 (1975).

This section confers power on school boards to establish such branches and grades as the board shall deem best adapted to the school. State ex rel. Shineman v. Board of Education, 152 Neb. 644, 42 N.W.2d 168 (1950).

Under former statute, there was no statutory provision authorizing the establishment of a high school in a district organized under article 3. Griggs v. School District No. 76 of Wayne County, 152 Neb. 282, 40 N.W.2d 859 (1950).

Right of parent to make reasonable selection from prescribed course of studies which shall be carried by his child in public schools is not limited to any particular school, nor any particular grade. State ex rel. Kelley v. Ferguson, 95 Neb. 63, 144 N.W. 1039 (1914).

Two systems of school administration exist, one vesting control in electors at school meeting and one making board of education the governing body. Gaddis v. School Dist. of City of Lincoln, 92 Neb. 701, 139 N.W. 280 (1912).

The matter of hiring a teacher for a school is committed to the judgment and discretion of the district board. State ex rel. Lewellen v. Smith, 49 Neb. 755, 69 N.W. 114 (1896).