State Codes and Statutes

Statutes > Nebraska > Chapter85 > 85-1511

85-1511. Board; powersand duties; enumerated.In addition to any otherpowers and duties imposed upon the community college system or its areas,campuses, or boards by the Community College Foundation and Equalization AidAct, sections 85-917 to 85-966 and 85-1501 to 85-1540, and any other provisionof law, each board shall:(1) Have general supervision, control, and operation of eachcommunity college within its jurisdiction;(2) Subject to coordination by the Coordinating Commissionfor Postsecondary Education as prescribed in the Coordinating Commission forPostsecondary Education Act, develop and offer programs of applied technologyeducation, academic transfer programs, academic support courses, and suchother programs and courses as the needs of the community college area servedmay require. The board shall avoid unnecessary duplication of existing programsand courses in meeting the needs of the students and the community collegearea;(3) Employ, for a period to be fixed by the board, executiveofficers, members of the faculty, and such other administrative officers andemployees as may be necessary or appropriate and fix their salaries and duties;(4) Subject to coordination by the Coordinating Commissionfor Postsecondary Education as prescribed in the Coordinating Commission forPostsecondary Education Act, construct, lease, purchase, purchase on contract,operate, equip, and maintain facilities;(5) Contract for services connected with the operation ofthe community college area as needs and interest demand;(6) Cause an examination and comprehensive audit of the books,accounts, records, and affairs, including full-time equivalent student enrollmenttotals, full-time equivalent totals, and reimbursable educational unit totalsas defined in section 85-1503, to be made annually covering the most recentlycompleted fiscal year. The audit of each area shall include the full-timeequivalent student enrollment totals, full-time equivalent totals, and reimbursableeducational unit totals for the three most recently completed fiscal yearswhich shall be used for calculation of aid to the community college areas for fiscal years prior to fiscal year2010-11 as prescribed in the Community College Foundation andEqualization Aid Act. The audit shall also include the county-certified propertyvaluations for the community college area for the three most recently completedfiscal years which shall be used for calculation of aid to such communitycollege areas for fiscal yearsprior to fiscal year 2010-11. Such examination and audit of thebooks, accounts, records, and affairs shall be completed and filed with theAuditor of Public Accounts and the Department of Administrative Services onor before October 15 of each year. The examination and audit of the full-timeequivalent student enrollment totals, full-time equivalent totals, and reimbursableeducational unit totals shall be completed and filed with the Auditor of PublicAccounts and the Department of Administrative Services on or before August15 of each year;(7) Establish fees and charges for the facilities authorizedby sections 85-1501 to 85-1540. Each board may enter into agreements withowners of facilities to be used for housing regarding the management, operation,and government of such facilities and may employ necessary employees to govern,manage, and operate such facilities;(8) Receive such gifts, grants, conveyances, and bequestsof real and personal property from public or private sources as may be madefrom time to time, in trust or otherwise, whenever the terms and conditionsthereof will aid in carrying out the community college programs as specifiedby law. Each board may sell, lease, exchange, invest, or expend such gifts,grants, conveyances, and bequests or the proceeds, rents, profits, and incometherefrom according to the terms and conditions thereof and adopt and promulgaterules and regulations governing the receipt and expenditure of such proceeds,rents, profits, and income, except that acceptance of such gifts, grants,or conveyances shall not be conditioned on matching state or local funds;(9) Prescribe the courses of study for any community collegeunder its control and publish such catalogs and bulletins as may be necessary;(10) Grant to every student upon graduation or completionof a course of study a suitable diploma, associate degree, or certificate;(11) Adopt and promulgate such rules and regulations andperform all other acts as the board may deem necessary or appropriate to theadministration of the community college area. Such rules and regulations shallinclude, but not be limited to, rules and regulations relating to facilities,housing, scholarships, discipline, and pedestrian and vehicular traffic onproperty owned, operated, or maintained by the community college area;(12) Employ, for a period to be fixed by the board, an executiveofficer for the community college area and, by written order filed in itsoffice, delegate to such executive officer any of the powers and duties vestedin or imposed upon it by sections 85-1501 to 85-1540. Such delegated powersand duties may be exercised in the name of the board;(13) Acquire real property by eminent domain pursuant tosections 76-701 to 76-724;(14) Acquire real and personal property and sell, convey,or lease such property whenever the community college area will be benefitedthereby. The sale, conveyance, or lease of any real estate owned by a communitycollege area shall be effective only when authorized by an affirmative voteof at least two-thirds of all the members of the board;(15) Enter into agreements for services, facilities, or equipmentand for the presentation of courses for students when such agreements aredeemed to be in the best interests of the education of the students involved;(16) Transfer tribally controlled community college stateaid amounts to a tribally controlled community college located within itscommunity college area;(17) Invest, after proper consideration of the requirementsfor the availability of money, funds of the community college in securitiesthe nature of which individuals of prudence, discretion, and intelligenceacquire or retain in dealing with the property of another;(18) Establish tuition rates for courses of instruction offeredby each community college within its community college area. Separate tuitionrates shall be established for students who are nonresidents of the Stateof Nebraska;(19) Establish a fiscal year for the community college areawhich conforms to the fiscal year of the state;(20) Enterinto a memorandum of understanding with the State Board of Education to adopta policy to share student data. At a minimum, the policy shall ensure thatthe exchange of information is conducted in conformance with the requirementsof the federal Family Educational Rights and Privacy Act of 1974, as amended,20 U.S.C. 1232g, and all federal regulations and applicable guidelines adoptedin accordance with such act, as such act, regulations, and guidelines existedon January 1, 2010; and(21) Exerciseany other powers, duties, and responsibilities necessary to carry out sections 85-1501 to 85-1540. SourceLaws 1975, LB 344, § 9; Laws 1977, LB 459, § 11; Laws 1978, LB 756, § 52; Laws 1979, LB 363, § 5; Laws 1987, LB 30, § 2; Laws 1988, LB 802, § 32; Laws 1991, LB 663, § 47; R.S.Supp.,1992, § 79-2644; Laws 1993, LB 239, § 33; Laws 1997, LB 269, § 69; Laws 2007, LB342, § 41; Laws 2010, LB1071, § 36; Laws 2010, LB1072, § 8.Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB1071, section 36, with LB1072, section 8, to reflect all amendments.Note: Changes made by LB1072 became effective April 15, 2010. Changes made by LB1071 became operative April 15, 2010. Cross ReferencesCommunity College Foundation and Equalization Aid Act, see section 85-2201.Coordinating Commission for Postsecondary Education Act, see section 85-1401. AnnotationsThis section charges the board of governors of a technical community college with the power, duty, and responsibility of establishing curriculum and employing members of the faculty. Cross v. Board of Governors, 204 Neb. 383, 281 N.W.2d 925 (1979).Chapter 79, article 26, the Technical Community College Area Act, is not in violation of Article VIII, section 1A, of the Constitution. State ex rel. Western Technical Com. Col. Area v. Tallon, 196 Neb. 603, 244 N.W.2d 183 (1976).

State Codes and Statutes

Statutes > Nebraska > Chapter85 > 85-1511

85-1511. Board; powersand duties; enumerated.In addition to any otherpowers and duties imposed upon the community college system or its areas,campuses, or boards by the Community College Foundation and Equalization AidAct, sections 85-917 to 85-966 and 85-1501 to 85-1540, and any other provisionof law, each board shall:(1) Have general supervision, control, and operation of eachcommunity college within its jurisdiction;(2) Subject to coordination by the Coordinating Commissionfor Postsecondary Education as prescribed in the Coordinating Commission forPostsecondary Education Act, develop and offer programs of applied technologyeducation, academic transfer programs, academic support courses, and suchother programs and courses as the needs of the community college area servedmay require. The board shall avoid unnecessary duplication of existing programsand courses in meeting the needs of the students and the community collegearea;(3) Employ, for a period to be fixed by the board, executiveofficers, members of the faculty, and such other administrative officers andemployees as may be necessary or appropriate and fix their salaries and duties;(4) Subject to coordination by the Coordinating Commissionfor Postsecondary Education as prescribed in the Coordinating Commission forPostsecondary Education Act, construct, lease, purchase, purchase on contract,operate, equip, and maintain facilities;(5) Contract for services connected with the operation ofthe community college area as needs and interest demand;(6) Cause an examination and comprehensive audit of the books,accounts, records, and affairs, including full-time equivalent student enrollmenttotals, full-time equivalent totals, and reimbursable educational unit totalsas defined in section 85-1503, to be made annually covering the most recentlycompleted fiscal year. The audit of each area shall include the full-timeequivalent student enrollment totals, full-time equivalent totals, and reimbursableeducational unit totals for the three most recently completed fiscal yearswhich shall be used for calculation of aid to the community college areas for fiscal years prior to fiscal year2010-11 as prescribed in the Community College Foundation andEqualization Aid Act. The audit shall also include the county-certified propertyvaluations for the community college area for the three most recently completedfiscal years which shall be used for calculation of aid to such communitycollege areas for fiscal yearsprior to fiscal year 2010-11. Such examination and audit of thebooks, accounts, records, and affairs shall be completed and filed with theAuditor of Public Accounts and the Department of Administrative Services onor before October 15 of each year. The examination and audit of the full-timeequivalent student enrollment totals, full-time equivalent totals, and reimbursableeducational unit totals shall be completed and filed with the Auditor of PublicAccounts and the Department of Administrative Services on or before August15 of each year;(7) Establish fees and charges for the facilities authorizedby sections 85-1501 to 85-1540. Each board may enter into agreements withowners of facilities to be used for housing regarding the management, operation,and government of such facilities and may employ necessary employees to govern,manage, and operate such facilities;(8) Receive such gifts, grants, conveyances, and bequestsof real and personal property from public or private sources as may be madefrom time to time, in trust or otherwise, whenever the terms and conditionsthereof will aid in carrying out the community college programs as specifiedby law. Each board may sell, lease, exchange, invest, or expend such gifts,grants, conveyances, and bequests or the proceeds, rents, profits, and incometherefrom according to the terms and conditions thereof and adopt and promulgaterules and regulations governing the receipt and expenditure of such proceeds,rents, profits, and income, except that acceptance of such gifts, grants,or conveyances shall not be conditioned on matching state or local funds;(9) Prescribe the courses of study for any community collegeunder its control and publish such catalogs and bulletins as may be necessary;(10) Grant to every student upon graduation or completionof a course of study a suitable diploma, associate degree, or certificate;(11) Adopt and promulgate such rules and regulations andperform all other acts as the board may deem necessary or appropriate to theadministration of the community college area. Such rules and regulations shallinclude, but not be limited to, rules and regulations relating to facilities,housing, scholarships, discipline, and pedestrian and vehicular traffic onproperty owned, operated, or maintained by the community college area;(12) Employ, for a period to be fixed by the board, an executiveofficer for the community college area and, by written order filed in itsoffice, delegate to such executive officer any of the powers and duties vestedin or imposed upon it by sections 85-1501 to 85-1540. Such delegated powersand duties may be exercised in the name of the board;(13) Acquire real property by eminent domain pursuant tosections 76-701 to 76-724;(14) Acquire real and personal property and sell, convey,or lease such property whenever the community college area will be benefitedthereby. The sale, conveyance, or lease of any real estate owned by a communitycollege area shall be effective only when authorized by an affirmative voteof at least two-thirds of all the members of the board;(15) Enter into agreements for services, facilities, or equipmentand for the presentation of courses for students when such agreements aredeemed to be in the best interests of the education of the students involved;(16) Transfer tribally controlled community college stateaid amounts to a tribally controlled community college located within itscommunity college area;(17) Invest, after proper consideration of the requirementsfor the availability of money, funds of the community college in securitiesthe nature of which individuals of prudence, discretion, and intelligenceacquire or retain in dealing with the property of another;(18) Establish tuition rates for courses of instruction offeredby each community college within its community college area. Separate tuitionrates shall be established for students who are nonresidents of the Stateof Nebraska;(19) Establish a fiscal year for the community college areawhich conforms to the fiscal year of the state;(20) Enterinto a memorandum of understanding with the State Board of Education to adopta policy to share student data. At a minimum, the policy shall ensure thatthe exchange of information is conducted in conformance with the requirementsof the federal Family Educational Rights and Privacy Act of 1974, as amended,20 U.S.C. 1232g, and all federal regulations and applicable guidelines adoptedin accordance with such act, as such act, regulations, and guidelines existedon January 1, 2010; and(21) Exerciseany other powers, duties, and responsibilities necessary to carry out sections 85-1501 to 85-1540. SourceLaws 1975, LB 344, § 9; Laws 1977, LB 459, § 11; Laws 1978, LB 756, § 52; Laws 1979, LB 363, § 5; Laws 1987, LB 30, § 2; Laws 1988, LB 802, § 32; Laws 1991, LB 663, § 47; R.S.Supp.,1992, § 79-2644; Laws 1993, LB 239, § 33; Laws 1997, LB 269, § 69; Laws 2007, LB342, § 41; Laws 2010, LB1071, § 36; Laws 2010, LB1072, § 8.Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB1071, section 36, with LB1072, section 8, to reflect all amendments.Note: Changes made by LB1072 became effective April 15, 2010. Changes made by LB1071 became operative April 15, 2010. Cross ReferencesCommunity College Foundation and Equalization Aid Act, see section 85-2201.Coordinating Commission for Postsecondary Education Act, see section 85-1401. AnnotationsThis section charges the board of governors of a technical community college with the power, duty, and responsibility of establishing curriculum and employing members of the faculty. Cross v. Board of Governors, 204 Neb. 383, 281 N.W.2d 925 (1979).Chapter 79, article 26, the Technical Community College Area Act, is not in violation of Article VIII, section 1A, of the Constitution. State ex rel. Western Technical Com. Col. Area v. Tallon, 196 Neb. 603, 244 N.W.2d 183 (1976).

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Statutes > Nebraska > Chapter85 > 85-1511

85-1511. Board; powersand duties; enumerated.In addition to any otherpowers and duties imposed upon the community college system or its areas,campuses, or boards by the Community College Foundation and Equalization AidAct, sections 85-917 to 85-966 and 85-1501 to 85-1540, and any other provisionof law, each board shall:(1) Have general supervision, control, and operation of eachcommunity college within its jurisdiction;(2) Subject to coordination by the Coordinating Commissionfor Postsecondary Education as prescribed in the Coordinating Commission forPostsecondary Education Act, develop and offer programs of applied technologyeducation, academic transfer programs, academic support courses, and suchother programs and courses as the needs of the community college area servedmay require. The board shall avoid unnecessary duplication of existing programsand courses in meeting the needs of the students and the community collegearea;(3) Employ, for a period to be fixed by the board, executiveofficers, members of the faculty, and such other administrative officers andemployees as may be necessary or appropriate and fix their salaries and duties;(4) Subject to coordination by the Coordinating Commissionfor Postsecondary Education as prescribed in the Coordinating Commission forPostsecondary Education Act, construct, lease, purchase, purchase on contract,operate, equip, and maintain facilities;(5) Contract for services connected with the operation ofthe community college area as needs and interest demand;(6) Cause an examination and comprehensive audit of the books,accounts, records, and affairs, including full-time equivalent student enrollmenttotals, full-time equivalent totals, and reimbursable educational unit totalsas defined in section 85-1503, to be made annually covering the most recentlycompleted fiscal year. The audit of each area shall include the full-timeequivalent student enrollment totals, full-time equivalent totals, and reimbursableeducational unit totals for the three most recently completed fiscal yearswhich shall be used for calculation of aid to the community college areas for fiscal years prior to fiscal year2010-11 as prescribed in the Community College Foundation andEqualization Aid Act. The audit shall also include the county-certified propertyvaluations for the community college area for the three most recently completedfiscal years which shall be used for calculation of aid to such communitycollege areas for fiscal yearsprior to fiscal year 2010-11. Such examination and audit of thebooks, accounts, records, and affairs shall be completed and filed with theAuditor of Public Accounts and the Department of Administrative Services onor before October 15 of each year. The examination and audit of the full-timeequivalent student enrollment totals, full-time equivalent totals, and reimbursableeducational unit totals shall be completed and filed with the Auditor of PublicAccounts and the Department of Administrative Services on or before August15 of each year;(7) Establish fees and charges for the facilities authorizedby sections 85-1501 to 85-1540. Each board may enter into agreements withowners of facilities to be used for housing regarding the management, operation,and government of such facilities and may employ necessary employees to govern,manage, and operate such facilities;(8) Receive such gifts, grants, conveyances, and bequestsof real and personal property from public or private sources as may be madefrom time to time, in trust or otherwise, whenever the terms and conditionsthereof will aid in carrying out the community college programs as specifiedby law. Each board may sell, lease, exchange, invest, or expend such gifts,grants, conveyances, and bequests or the proceeds, rents, profits, and incometherefrom according to the terms and conditions thereof and adopt and promulgaterules and regulations governing the receipt and expenditure of such proceeds,rents, profits, and income, except that acceptance of such gifts, grants,or conveyances shall not be conditioned on matching state or local funds;(9) Prescribe the courses of study for any community collegeunder its control and publish such catalogs and bulletins as may be necessary;(10) Grant to every student upon graduation or completionof a course of study a suitable diploma, associate degree, or certificate;(11) Adopt and promulgate such rules and regulations andperform all other acts as the board may deem necessary or appropriate to theadministration of the community college area. Such rules and regulations shallinclude, but not be limited to, rules and regulations relating to facilities,housing, scholarships, discipline, and pedestrian and vehicular traffic onproperty owned, operated, or maintained by the community college area;(12) Employ, for a period to be fixed by the board, an executiveofficer for the community college area and, by written order filed in itsoffice, delegate to such executive officer any of the powers and duties vestedin or imposed upon it by sections 85-1501 to 85-1540. Such delegated powersand duties may be exercised in the name of the board;(13) Acquire real property by eminent domain pursuant tosections 76-701 to 76-724;(14) Acquire real and personal property and sell, convey,or lease such property whenever the community college area will be benefitedthereby. The sale, conveyance, or lease of any real estate owned by a communitycollege area shall be effective only when authorized by an affirmative voteof at least two-thirds of all the members of the board;(15) Enter into agreements for services, facilities, or equipmentand for the presentation of courses for students when such agreements aredeemed to be in the best interests of the education of the students involved;(16) Transfer tribally controlled community college stateaid amounts to a tribally controlled community college located within itscommunity college area;(17) Invest, after proper consideration of the requirementsfor the availability of money, funds of the community college in securitiesthe nature of which individuals of prudence, discretion, and intelligenceacquire or retain in dealing with the property of another;(18) Establish tuition rates for courses of instruction offeredby each community college within its community college area. Separate tuitionrates shall be established for students who are nonresidents of the Stateof Nebraska;(19) Establish a fiscal year for the community college areawhich conforms to the fiscal year of the state;(20) Enterinto a memorandum of understanding with the State Board of Education to adopta policy to share student data. At a minimum, the policy shall ensure thatthe exchange of information is conducted in conformance with the requirementsof the federal Family Educational Rights and Privacy Act of 1974, as amended,20 U.S.C. 1232g, and all federal regulations and applicable guidelines adoptedin accordance with such act, as such act, regulations, and guidelines existedon January 1, 2010; and(21) Exerciseany other powers, duties, and responsibilities necessary to carry out sections 85-1501 to 85-1540. SourceLaws 1975, LB 344, § 9; Laws 1977, LB 459, § 11; Laws 1978, LB 756, § 52; Laws 1979, LB 363, § 5; Laws 1987, LB 30, § 2; Laws 1988, LB 802, § 32; Laws 1991, LB 663, § 47; R.S.Supp.,1992, § 79-2644; Laws 1993, LB 239, § 33; Laws 1997, LB 269, § 69; Laws 2007, LB342, § 41; Laws 2010, LB1071, § 36; Laws 2010, LB1072, § 8.Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB1071, section 36, with LB1072, section 8, to reflect all amendments.Note: Changes made by LB1072 became effective April 15, 2010. Changes made by LB1071 became operative April 15, 2010. Cross ReferencesCommunity College Foundation and Equalization Aid Act, see section 85-2201.Coordinating Commission for Postsecondary Education Act, see section 85-1401. AnnotationsThis section charges the board of governors of a technical community college with the power, duty, and responsibility of establishing curriculum and employing members of the faculty. Cross v. Board of Governors, 204 Neb. 383, 281 N.W.2d 925 (1979).Chapter 79, article 26, the Technical Community College Area Act, is not in violation of Article VIII, section 1A, of the Constitution. State ex rel. Western Technical Com. Col. Area v. Tallon, 196 Neb. 603, 244 N.W.2d 183 (1976).

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