State Codes and Statutes

Statutes > Nebraska > Chapter79 > 79-1217

79-1217. Governing board;name; members; election; qualification; vacancy; expenses; membership.(1) All educational service units shall be governed by a boardto be known as the Board of Educational Service Unit No. ..... . Until thefirst Thursday after the first Tuesday in January 2009, the educational serviceunit board, except the board of an educational service unit with only onemember school district, shall be composed of one member from each county andfour members at large, all of whom shall reside within the geographical boundariesof the educational service unit, but no more than two of the members at largeshall be appointed or elected from the same county unless any one county withinthe educational service unit has a population in excess of one hundred fiftythousand inhabitants or the educational service unit consists of only onecounty. Beginning on the first Thursday after the first Tuesday in January2009, the educational service unit board, except the board of an educationalservice unit with only one member school district, shall be composed of onemember elected to represent each election district established pursuant tosection 79-1217.01. Successors to the members initially appointed pursuantto section 79-1212 shall be elected pursuant to section 32-515.(2) Vacancies in office shall occur as set forth in section 32-560, exceptas otherwise provided in section 79-1212 regarding the requirement to livein the district represented,or in the case of absences, unless excused by a majority of the remainingmembers of the board, when a member is absent from the geographical boundariesof the educational service unit for a continuous period of sixty days at onetime or from more than two consecutive regular meetings of the board.Whenever any vacancy occurs on the board, the remaining members of such boardshall appoint an individual residing within the election district of the educationalservice unit for which the vacancy exists and meeting the qualifications forthe office to fill such vacancy for the balance of the unexpired term.(3) Members of the board shall receive no compensation fortheir services but shall be reimbursed for the actual and necessary expensesincurred in the performance of their duties under the Educational ServiceUnits Act as provided in sections 81-1174 to 81-1177.(4) Except as provided in subsection (5) of this section,any joint school district located in two or more counties shall be considereda part of the educational service unit in which the greater number of school-agechildren of such joint school district reside.(5) Any Class I district which is part of a Class VI districtshall be considered a part of the educational service unit of which the ClassVI district is a member. If the Class VI district has removed itself froman educational service unit, each Class I district which is part of such ClassVI district may continue its existing membership in an educational serviceunit or may change its status relative to membership in an educational serviceunit in accordance with section 79-1209. The patrons of a Class I districtmaintaining membership in an educational service unit pursuant to this subsectionshall have the same rights and privileges as other patrons of the educationalservice unit, and the taxable valuation of the taxable property within thegeographic boundaries of such Class I district shall be subject to the educationalservice unit's tax levy established pursuant to section 79-1225.(6) The administrator of each educational service unit, priorto July 1 of each year in which a statewide primary election is to be held,shall certify to the election commissioner or county clerk of each countylocated within the unit the corporate name of each school district, as describedin section 79-405, located within the county. If a school district is a jointschool district located in two or more counties, the administrator shall certifyto each election commissioner or county clerk the educational service unitof which the school district is considered to be a part.(7) Educational service units with only one member schooldistrict shall be governed by the school board of such school district. SourceLaws 1965, c. 504, § 3, p. 1608; Laws 1967, c. 560, § 1, p. 1844; Laws 1969, c. 747, § 2, p. 2818; Laws 1969, c. 746, § 8, p. 2814; Laws 1977, LB 201, § 17; Laws 1978, LB 632, § 10; Laws 1981, LB 204, § 163; Laws 1987, LB 688, § 16; Laws 1988, LB 1142, § 12; Laws 1991, LB 511, § 65; Laws 1992, LB 245, § 70; Laws 1992, LB 1063, § 200; Laws 1992, Second Spec. Sess., LB 1, § 171; Laws 1994, LB 76, § 607; R.S.1943, (1994), § 79-2203; Laws 1996, LB 900, § 934; Laws 1997, LB 345, § 47; Laws 1997, LB 347, § 47; Laws 2001, LB 797, § 49; Laws 2002, LB 647, § 2; Laws 2007, LB603, § 14; Laws 2010, LB965, § 2.Effective Date: July 15, 2010